Empowering the Forgotten: Competitors’ Rights and Remedies under the Foreign Subsidies Regulation

CELIS Update on Investment Screening - November 2023

By Alessandro Carpi, Associate at Cleary Gottlieb Steen & Hamilton LLP (Brussels) The Foreign Subsidies Regulation (FSR) is a new instrument adopted to protect the internal market from the distortive effects of public intervention. While the FSR resembles existing competition and trade tools, it differs notably in how it addresses complaints from competitors. Indeed, the…

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Commission’s Discretion, Court’s Self-restraint. On the EU Court’s Approach to Reviewing Fines in Competition Cases

CELIS Update on Investment Screening - December 2023

By Robert Foyle, University College Dublin*   The General Court consistently defers to the European Commission’s discretion and fining guidelines when imposing fines. This change limits judicial intervention and may undermine defendants’ rights. A reliance on the Commission’s Guidelines has contributed to this restrained approach, raising concerns about the implications for fair competition enforcement.  …

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