Photo of Laurie-Anne Grelier

Laurie-Anne Grelier assists global companies, especially Asian multinationals, with navigating complex areas of European competition law, including antitrust and cartel investigations, the clearance of mergers, the structuring of distribution, collaborative and other commercial arrangements, and issues related to abuse of dominant position. Ms. Grelier also assists these companies in litigation before the European Courts, as well as with state aid and trade matters.

Companies that benefit from non-EU state support or subsidies will soon face heightened scrutiny in the European Union (EU) as the European Commission unveiled on May 5 its proposed Regulation on foreign subsidies distorting the internal market.  As its name suggests, the proposed Regulation will create a new tool to address what the European Commission sees as a “regulatory gap” in avoiding potential distortions caused by companies receiving non-EU subsidies and ensuring a “level playing field” in the EU.  Perhaps emblematic of its perceived importance at a time where calls from Member States to tackle potential distortive foreign investment have multiplied, it took the European Commission less than a year from the publication of the White Paper on levelling the playing field with respect to foreign subsidies to analyze the results of its public consultation and to put this proposal to the EU legislator.

The proposed Foreign Subsidies Regulation is wide-ranging and will apply in addition to the existing merger control and Foreign Direct Investment screening mechanisms.  Given the strong support it has received from most Member States and European industry bodies, it is widely anticipated that this new tool will be written into law without material change.

Here is what foreign companies that receive any form of non-EU public support and are active or considering deals involving the EU need to know, and prepare for.
Continue Reading More scrutiny to come in the EU for companies that receive non-EU subsidies

This blog post explores whether collaboration among competitors to manufacture and/or distribute critical products and services in specific sectors such as logistics, medical supplies, and groceries and supermarkets, etc. can be justified under European competition law during a crisis even when the collaboration would not be defensible in the absence of the crisis.
Continue Reading Competition laws must be respected even in difficult times – but they are flexible!