On 5 May 2021, the European Commission (the Commission) proposed a regulation to tackle foreign subsidies causing distortions in the European Union’s internal market (the Proposal).

The Commission is concerned that subsidies granted by non-EU countries may cause distortions in the internal market and undermine the level playing field within the EU, especially when they are used to finance participation in public procurement tenders or acquisitions of undertakings. According to the Commission, whereas public support granted by EU Member States is subject to State aid rules, the current competition, trade, and public procurement rules do not address distortions caused by foreign subsidies. Therefore, undertakings benefitting from third-party subsidies enjoy a competitive advantage over those that cannot receive the same.

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Photo of Edoardo Gambaro Edoardo Gambaro

Edoardo Gambaro focuses his practice on Italian and European antitrust law. He represents Italian and foreign companies in proceedings before the European Commission in the application of Articles 101, 102, and 108 of the TFEU (cartel, abuse of dominant position and state aid…

Edoardo Gambaro focuses his practice on Italian and European antitrust law. He represents Italian and foreign companies in proceedings before the European Commission in the application of Articles 101, 102, and 108 of the TFEU (cartel, abuse of dominant position and state aid matters). He also advises on EU procedural law, assisting companies in appellate proceedings before the EU General Court and the EU Court of Justice. He represents companies before the Italian Antitrust Authority and on appeal before the Italian administrative Courts.

Edoardo is experienced in the field of merger control, both at national and EU levels, and has advised various U.S. and European corporations on merger control filings. He has also dealt with other aspects of EU law, such as telecommunications law, pharmaceuticals law, freedom of establishment, and the free movement of services and capital, representing several companies before the Court of Justice in preliminary references submitted by Italian courts.

Photo of Massimiliano Pizzonia Massimiliano Pizzonia

Massimiliano Pizzonia joined the firm as associate in 2020. His practice mainly focuses on EU law, State aid and antitrust law, both at the EU and Italian level. Massimiliano advised Italian and foreign companies in the application of articles 101, 102 and 107…

Massimiliano Pizzonia joined the firm as associate in 2020. His practice mainly focuses on EU law, State aid and antitrust law, both at the EU and Italian level. Massimiliano advised Italian and foreign companies in the application of articles 101, 102 and 107 TFEU (cartels, abuse of dominant position and state aid matters). He is experienced in the field of merger control both at the EU and national level. He has also dealt with several aspects of EU law, including freedom of establishment and the free movement of services and capitals.

He is also experienced in the litigation field, having advised Italian and foreign companies both in arbitration proceedings and in disputes before Italian courts.