Abstract

As a result of an alleged regulatory gap, Chapter 3 of the Proposal for a Foreign Subsidies Regulation introduces a new tool to investigate M&A transactions involving a financial contribution from a non-EU government. This paper takes a closer look at this new tool, in particular comparing it to the existing Merger Regulation. In addition, the existence of the supposed regulatory gap will be assessed - as well as the new tool’s aptitude to tackle it.

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