The WTO Agreement on Fisheries Subsidies and EU State Aid for Fisheries journal article Anna Nowak-Salles European State Aid Law Quarterly, Volume 22 (2023), Issue 1, Page 86 - 88
The EU Foreign Subsidies Regulation: journal article Substantive Assessment Issues and Open Questions Morris Schonberg European State Aid Law Quarterly, Volume 21 (2022), Issue 2, Page 143 - 152 The EU Institutions have now reached political agreement in relation to the Foreign Subsidies Regulation, a potentially far-reaching instrument that effectively creates a new subsidy control regime for non-EU subsidies affecting the EU's internal market. This article addresses the key substantive assessments that the European Commission will need to consider when investigating foreign subsidies under the Regulation, namely: (i) the existence of a ‘foreign subsidy’; (ii) whether the subsidy causes a ‘distortion’ in the internal market; (iii) whether the negative effects in the internal market may be balanced by any positive effects of the subsidy; and (iv) the determination of redressive measures or commitments required to address the distortions. It identifies a number of significant open issues and questions that could have a substantial effect on how the Regulation operates and ultimately, its impact in practice on competitive conditions within the internal market. Keywords: foreign subsidies; WTO; distortion; balancing; redressive measures
United Kingdom ·Kiran Desai journal article Kiran Desai European State Aid Law Quarterly, Volume 19 (2020), Issue 4, Page 536 - 542
Judgment By Formula: Regulatory Form and the Differentiation of Fiscal Measures and Non-Fiscal Measures in EU State Aid Law Christopher McMahon