Advances in Economics, Management and Political Sciences
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Proceedings of the 2nd International Conference on Management Research and Economic Development
Series Vol. 83 , 24 May 2024
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Legal Issues in the European Union’s Anti-Cross Border Subsidy Measures: A Study
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Abstract
This article provides a panoramic overview of the "Foreign Subsidies Regulation" that passed on June 30, 2022 and officially took effect throughout the European Union on July 13, 2023. It conducts a deep analysis of the Foreign Subsidies Regulation through the background analysis and discusses why is the Foreign Subsidies Regulation made. Then the basic provisions of the Foreign Subsidies Regulations are discussed in detail from the aspects of the definition of foreign subsidies, distortive effects, review procedures of foreign subsidies, and implementing agencies. In future, most of the non-EU companies doing business in Europe could be subject to the European Commission's new rules on foreign subsidies. Then this article provides an objective analysis of access for companies investing in Europe. By discussing the possible influence, this article identifies strategies for non-EU countries' companies investing in Europe from four aspects:compliance management, corporate mergers and acquisitions and investment, public procurement and corporate financing. Hope the suggestions in this article can be helpful.
Keywords
European Union, subsidy, Foreign Subsidies Regulation
References
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4. Brussels. (2020, June 17). COM(2020) 253 final WHITE PAPER on leveling the playing field as regards foreign subsidies.
5. European Commission. (n.d.). Trade-investment-addressing-distortions-caused-by-foreign-subsidies. Retrieved from https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/12621-Trade-investment-addressing-distortions-caused-by-foreign-subsidies/F872436_zh
6. Decision of 5 May 2008, declaring a concentration to be compatible with the common market and the EEA Agreement, Case No COMP/M.4956, STX/Aker Yards, C (2008) 1693 final, para. 79.
7. Friton, Pascal, Klasse, Max, & Yukins, Christopher R. (2023, March 22). The EU Foreign Subsidies Regulation: Implications for Public Procurement and Some Collateral Damage. 65 Government Contractor ¶ 63. GWU Legal Studies Research Paper No. 2023-18, GWU Law School Public Law Research Paper No. 2023-18. Available at SSRN: https://ssrn.com/abstract=4403363
8. Weiß, W. (2022). Ex Officio Third Country Subsidies' Review – Similarities with and Differences to State Aid Procedures. Zeitschrift Für Europarechtliche Studien, 25(3), 467–476. https://doi.org/10.5771/1435-439X-2022-3-467
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Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the 2nd International Conference on Management Research and Economic Development
- ISBN (Print)
- 978-1-83558-431-6
- ISBN (Online)
- 978-1-83558-432-3
- Published Date
- 24 May 2024
- Series
- Advances in Economics, Management and Political Sciences
- ISSN (Print)
- 2754-1169
- ISSN (Online)
- 2754-1177
- DOI
- 10.54254/2754-1169/83/20240713
- Copyright
- 24 May 2024
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited