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Political Agreement Reached on EU Foreign Subsidies Regulation

By Christoph Enaux, Robert Hardy & Dr. Lucas Wüsthof on July 5, 2022
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On June 30, 2022, the European Parliament (EP) and the Council announced that they had reached a provisional political agreement on the EU Foreign Subsidies Regulation (FSR).

The European Commission (Commission) published an extensive white paper in 2020 stating that foreign subsidies in recent years may have distorted the EU internal market. Foreign subsidies to which the FSR applies include any financial contribution granted by a non-EU government, governmental authorities or public or private entities closely linked to a non-EU country and that confer an advantage to the recipient. A distortion on the internal markets shall be deemed to exist where a foreign subsidy is liable to improve the competitive position of the undertaking concerned in the internal market and where it actually or potentially negatively affects competition on the internal market.

Continue reading the full GT Alert.

Photo of Christoph Enaux Christoph Enaux

Christoph Enaux chairs the German Telecommunications Sector Group as well as the German Regulatory and Competition Practice Group.

Christoph advises on commercial and regulatory aspects of new business models in the TMT sector. His work covers the rollout and operation of both terrestrial…

Christoph Enaux chairs the German Telecommunications Sector Group as well as the German Regulatory and Competition Practice Group.

Christoph advises on commercial and regulatory aspects of new business models in the TMT sector. His work covers the rollout and operation of both terrestrial and satellite infrastructures and related regulatory matters.

In addition, he supports clients from various sectors on merger control, antitrust proceedings, foreign investment and export control law. His wide-ranging experience covers M&A and commercial contracts as well as administrative proceedings and regulatory and commercial litigation. As the head of the Digital Real Estate Focus Group, he also has a particular focus on the legal issues relating to the use of digital technologies in the real estate sector.

Prior to joining the firm, Christoph was a partner at Olswang in Berlin and worked in the Technology, Media and Telecommunications Group at Linklaters for five years.

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Photo of Robert Hardy Robert Hardy

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:…

Dr. Robert Hardy, LL.M. (Harvard) is a Local Partner in the firm’s Amsterdam office. He advises clients on matters spanning a wide spectrum of economic sectors, including consumer products, energy, financial services, manufacturing, life sciences, TMT, and transportation.

Robert focuses his practice on:

  • Antitrust Litigation & Competition Regulation
  • International Trade
  • Regulatory & Compliance.

Antitrust Litigation & Competition Regulation

Robert’s practice covers a wide range of issues under European and Dutch competition law. He represents clients before the European Commission (EC), the Dutch Competition Authority (ACM), the Dutch administrative law courts, and the EU courts in matters relating to cartel defense, abuse of dominance, merger control, and State aid proceedings. Additionally, he represents clients before the Dutch civil law courts on issues relating to antitrust damages claims.

International Trade

Robert provides clients with guidance on ex-U.S. foreign investment review – e.g., foreign direct investment (FDI) / national security regimes –, intellectual property – standard essential patents (SEPs) and FRAND licensing disputes before the Dutch civil law courts –, transactions, import and export controls, and sanctions.

Regulatory & Compliance

Robert advises clients on a diverse range of EU and Dutch regulatory frameworks that impact business matters. He provides proactive and responsive advice and legal risk assessments to clients, assisting with day-to-day business transactions, counseling on the applicability and effect of regulations, and providing guidance on how to mitigate the risks of potential enforcement actions – e.g., helping clients build effective yet practical internal compliance programs, and advising companies on commercial agency, distribution, and franchise arrangements.

Robert is a member of the Amsterdam Sustainability Desk. The Sustainability Desk is available daily and provides assistance and support for real estate sustainability inquiries in the Netherlands and the EU. Please visit our dedicated Sustainability Desk page for more information.

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Photo of Dr. Lucas Wüsthof Dr. Lucas Wüsthof

Lucas focuses his practice on competition/antitrust, foreign trade, and regulatory law. His competition law practice covers merger control, strategic cooperation agreements, joint ventures, distribution and commercial arrangements, competition law compliance, and proceedings before competition authorities. He is particularly experienced in advising clients where…

Lucas focuses his practice on competition/antitrust, foreign trade, and regulatory law. His competition law practice covers merger control, strategic cooperation agreements, joint ventures, distribution and commercial arrangements, competition law compliance, and proceedings before competition authorities. He is particularly experienced in advising clients where competition law, regulation, technology, and cross-border trade intersect.

A further focus of his practice is on EU and German foreign trade regulation, including export controls, sanctions, FDI screening, and related compliance matters. Lucas advises companies on complex cross-border requirements relating to transactions, foreign investments, the export of goods, technology, and services, and international supply chains. His experience includes transaction-related due diligence, FDI filings, regulatory filings, export classifications, license applications, sanctions guidance, internal reviews, and risk mitigation.

Building on his regulatory experience, Lucas also advises on business models in dynamic, highly regulated sectors, particularly telecommunications, digital infrastructure, and communications networks. His work also covers infrastructure and services in aerospace, defense, and security-sensitive technologies, including satellite-based communications, space-enabled connectivity, and related digital infrastructure. He advises on strategic alignment, contractual structuring, commercial design, and regulatory issues where technology, infrastructure, national security, and cross-border trade intersect.

Lucas is recognized by Best Lawyers / Handelsblatt for competition law and is listed in The Legal 500 EMEA 2025 as a “core lawyer” for telecommunications.

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  • Posted in:
    Antitrust, Competition and Trade
  • Blog:
    GT Amsterdam Law Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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