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Ex Officio Third Country Subsidies´ Review:

Similarities with and Differences to State Aid Procedure

Wolfgang Weiß


Keywords: third country subsidies, ex officio review, Commission discretion, procedural powers, rights of defence

In May 2021 the European Commission tabled a draft Third Country Subsidies Regulation which stands between trade and competition policy. This new instrument establishes a review of third country subsidies with a view to addressing the competition distortion resulting from foreign subsidies granted to undertakings economically active in the EU internal market. As the new tool complements EU State aid scrutiny with a view to foreign subsidies, the present contribution compares the general procedures and provisions of the new regulation with EU State aid law. It will be shown that despite many similarities with State aid law, considerable differences remain which can be explained by looking at the different procedural and substantive context.
Keywords: third country subsidies; ex officio review; Commission discretion; procedural powers; rights of defence

Prof Dr Wolfgang Weiß holds the Chair in Public, European and International Law at the German University of Administrative Sciences Speyer. The author thanks the anonymous reviewer for valuable comments. For correspondence: <>.


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