Private Enforcement Of The Foreign Subsidies Regulation

Regulation 2022/2560 ("FSR") aims to ensure a level playing field in the internal market. Understandably, a fair chance to compete on the internal market is not only in the interest of the EU, but also of market participants. Those that are disadvantaged by subsidies granted to their competitors may be expected to look for avenues to ensure that the FSR is enforced to its full potential.

There are various ways in which third parties could seek enforcement of the FSR. First and foremost, the FSR allows for complaints. We anticipate that the FSR will induce a large number of complaints (see for instance the complaint of the Spanish football league against the alleged subsidies granted to the French soccer club PSG; see here. Third parties may also be subject to the EU Commission's measures for gathering information as addressees of RFIs or by being interviewed by the Commission. They may also express their views when the Commission invites the public after it decides