The Procedural Framework of the Proposal for a Regulation on Foreign Subsidies Viewed from a Common Commercial Policy Perspective

Abstract

The European Commission’s proposal for a regulation on foreign subsidies provides a novel instrument for regulating economic activities which are facilitated by foreign subsidies, and which potentially distort competition in the internal market. Since the Draft Regulation will only apply to subsidies granted by third States, it will form part of the European Union’s trade policy instruments. The article compares select procedural provisions of the Draft Regulation with the procedural rules contained in the Basic Anti-Subsidy Regulation, the main instrument the Commission has used to date to address economic activity in the internal market subsidized by third States.