On 4 January 2023, the UK’s new subsidy control regime came into force, implementing a new subsidy regulation framework designed for the post-Brexit era. Underpinned by the Subsidy Control Act 2022 (the “Act”), related statutory instruments and government guidance, the
Covington Competition
The Covington View
Covington Competition, published by Covington & Burling LLP, focuses on competition law and regulatory developments within the European Union and globally. The blog covers topics such as foreign direct investment (FDI) screening regimes, antitrust enforcement including no-poach agreements and minority shareholdings, state aid frameworks supporting industrial and clean energy initiatives, and sector-specific regulatory issues like defense and technology. It analyzes trends in merger control, investment screening, and competition policy enforcement, providing insights into legal and policy intersections affecting corporate transactions, compliance, and market competition.
Latest from Covington Competition - Page 8
The Commission has revised its framework for State aid for research and development and innovation
On 19 October 2022, the European Commission (the “Commission”) adopted its new State aid Framework for research, development and innovation (the “2022 RDI aid Framework”). This instrument governs Member States’ investment in RDI activities. It is an important response to…
COSCO FDI Review: Germany partially prohibits Chinese investment in a Hamburg container terminal – Spotlight on minority investments
On October 26, 2022, the German government permitted (with conditions) an investment by Chinese state-owned COSCO Shipping Group (“COSCO”) in one of Hamburg’s four shipping container terminals. Pursuant to foreign direct investment (“FDI”) laws, the German Ministry for Economic Affairs…
The Commission prolongs and amends its Temporary Crisis Framework relaxing State aid rules to support the economy following the aggression against Ukraine by Russia
On 28 October 2022, the European Commission (the “Commission”) adopted the second amendment to its Temporary Crisis Framework for State Aid measures to support the economy following the aggression against Ukraine by Russia (the “Framework”). The second amendment to…
U.S. House of Representatives Passes Antitrust Legislative Package
On September 29, 2022, the U.S. House of Representatives passed a package of three antitrust bills (H.R. 3843) by a vote of 242-184. The package includes: (1) the Merger Filing Fee Modernization Act; (2) the Foreign Merger Subsidy Disclosure Act;…
UK FDI: Decision-making practice emerging under the National Security and Investment Act
By James Marshall & Grace Kim
Over the summer, the UK Secretary of State for Business, Energy and Industrial Strategy (“BEIS”) delivered the first decisions, in the form of final orders, under the National Security and Investment Act 2021 (“NSIA”). We consider these decisions and other…
EU General Court Upholds Tata Steel/thyssenkrupp JV Prohibition
By Johan Ysewyn
On 22 June 2022, the EU’s General Court (“GC”) fully dismissed thyssenkrupp’s appeal against the European Commission’s (“Commission”) decision to block its proposed joint venture (“JV”) with Tata Steel in 2019.
This is the first time that the GC has…
The Council of the EU and the European Parliament agree on the Foreign Subsidies Regulation
Belgium and Ireland to introduce new FDI screening powers – European Parliament calls for broader reforms
The European Commission (“Commission”) has repeatedly urged EU Member States to set up foreign direct investment (“FDI”) screening mechanisms. To date, 18 out of 27 Member States have adopted FDI screening powers, providing for the review of M&A transactions and…
Significant Changes to China’s Anti-Monopoly Law to Take Effect in August
When its Anti-Monopoly Law (“AML”) went into effect in August 2008, China immediately became a significant antitrust enforcer on the world stage. On June 24, 2022, the National People’s Congress, China’s top legislature, passed the Amendment to the Anti-Monopoly Law…