Contribution to the European Commission's Call for Evidence Seeking Feedback on the Draft Guidelines Regarding the Implementation of the Foreign Subsidies Regulation

Adina Claici and Bartosz Korchowiec responded to the European Commission’s (EC) consultation on the draft guidelines to the regulation on foreign subsidies. They explored two key areas:

• the need for clearer guidance on documenting distortions and constructing counterfactuals
• risks of placing the full burden of proof for positive effects on the investigated undertakings—potentially discouraging investment in Europe

They also called for broader clarification on the notion of foreign subsidy, inspired by the EC’s State Aid Notice.

Read their full submission.