Foreign Subsidies Regulation and EU International Procurement – Necessity, Changes and Challenges

Abstract

Chapter 4 of the Regulation on foreign subsidies distorting the internal market is designed to fill a regulatory gap, to ensure that foreign subsidies can be addressed in individual public procurement procedures. This article describes the international context in which this “procurement pillar” is embedded, and illustrates the main features of the ex ante notification obligation that is at the heart of Chapter 4. It also explains the specific aspects and notions of the review procedure for foreign subsidies.