European Union
First in-depth investigations by EU into public procurement based on EU regulation on foreign subsidies distorting the internal market
Key aspects
- The European Commission has formally started the first in-depth investigations based on Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market, all of which relate to public tender procedures.
- Due to these investigations, the bidding companies have withdrawn their tenders.
- Given the relevance of this hot topic, in this Legal Flash we cover the main features of the control regime established under the EU regulation regarding public procurement and we tackle several matters of interest for bidding companies—although the regulation does not give clear answers or conclusions for all cases.