ANTITRUST | European Commission opens two investigations under Foreign Subsidies Regulation

On 3 April 2024, the European Commission (“EC”) opened two investigations under Regulation (EU) 2022/2560 of the European Parliament and of the Council of 14 December 2022 on foreign subsidies distorting the internal market, related to the public procurement procedure launched by the Romanian contracting Authority for the design, construction and operation of a photovoltaic park (“Investigations”). The Investigations followed two notifications submitted by the ENEVO Group including LONGi Solar Technologie GmbH, and by the Shanghai Electric UK Co. Ltd. and Shanghai Electric Hong Kong International Engineering Co. Ltd. (“Bidders”). Specifically, after the preliminary review of all the submissions, the EC considered it justified to open an in-depth investigation since the Bidders might have received foreign subsidies that distort the internal market. The EC’s further assessment of the alleged foreign subsidies will establish whether they may have given the Bidders an advantage over other participants in the tender procedure.

Newsletter n. 95 – April 2024