Getting To Grips With The New Rules On State Aid From Third Countries

Companies receiving public aid in the form of grants, tax benefits or other types of financial contributions from third countries outside the EU will be subject to new supervision as of the summer of 2023. A new EU Regulation allows the European Commission to take action against companies that have received financial aid from third countries during the last five years. Certain companies will in future also have to notify both participation in public procurement procedures and contemplated transactions. We will below give you an overview of the rules and explain how your company should prepare for them already today.

Note that, until 6 March 2023, the Commission is conducting a public consultation on rules implementing the Foreign Subsidies Regulation, which will affect e.g. the kind of information that companies are required to disclose to the European Commission and therefore should register internally.