“Private Enforcement of the Foreign Subsidies Regulation” by Volker Weiss and Jan Kupcik

Regulation 2022/2560 on foreign subsidies distorting the internal market ('FSR') added another far-reaching enforcement instrument to the tool-box of the Commission aiming to ensure a level playing field in the internal market. Understandably, a fair chance for all participants to compete on the internal market is not only in the interest of the EU, but also in the interest of the market participants seeking a fair level playing field. It can be expected that market participants that are disadvantaged by subsidies granted to their competitors will look for avenues to ensure that the FSR is enforced to its full potential. Here, we discuss what avenues could be available to private parties.

Third parties and the Commission's FSR pro