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Public Consultation on EU Proposal for a Foreign Subsidies Regulation

The Department of Enterprise, Trade and Employment has opened a public consultation on an EU proposal for a Regulation on Foreign Subsidies Distorting the Internal Market.

The European Commission published proposal COM/2021/223 final for a Regulation on Foreign Subsidies Distorting the Internal Market (the Regulation) on 5 May 2021. This followed a White Paper on the matter published on 17 June 2020, and a public consultation held by the EU Commission in Autumn 2020.

In this Regulation, the European Commission is proposing to add powers to its toolbox to ensure a level playing field between European and foreign-backed companies active on the EU market. On top of merger control and Foreign Direct Investment screening obligations, companies will also need to account for future rules allowing scrutiny of subsidies granted by non-EU governments if those subsidies might distort the EU Single Market.  

More information on the proposed Regulation can be found on the European Commission website which provides further information on the proposal, see New Regulation to address distortions by foreign subsidies (europa.eu). The Department of Enterprise, Trade and Employment is holding a public consultation in order to inform the Irish position on this Regulation.

This consultation consists of a paper outlining the contents of the proposal and a number of questions to assist the Department in considering the proposal and participating in the negotiations in Brussels.

The closing date for responses is Thursday, 2 December 2021.

Published by Commerce, Consumer and Competition

Topics: Trade and Investment, EU and Internal Market, Competition and Consumer Policy, Competition Law, Consumer and Competition