Key Concepts of the Regulation

This Chapter analyses the key concepts of the foreign subsidies regulation. It explains the three instruments for foreign subsidies review, the remedial powers of the European Commission and the three common steps in the Commission’s assessment under the review procedures. Particular focus is given to the concept and meaning of distortion of competition and of the balancing test which are explored also with a comparative view to other branches of EU competition and trade law. The comprehensive leeway the Commission enjoys in its assessments will be shown.