Do We Really Need the EU Foreign Subsidy Regulation?

This article critically questions the regulatory gap and the need for the new Foreign Subsidy Regulation in its current scope. EU law lacks an instrument guaranteeing equality of opportunity with EU State Aid law for subsidies granted by third states. Without a State Aid equivalent, companies subject to EU state aid law would be at a disadvantage compared to their competitors receiving foreign subsidies. The new notification-based tools for concentrations and public procurement procedures in the