Industrial Policy & Trade Monitor· 2666 actions· ✨ 90 recent

The European Commission adopted Communication C(2026) 43 final on 9 January 2026, issuing the first formal interpretive guidelines on the Foreign Subsidies Regulation (FSR, Regulation (EU) 2022/2560). The guidelines codify a four-pillar analytical framework — distortion assessment, public-procurement distortion test, balancing test, and ex officio call-in scope — that DG COMP will apply in every future FSR enforcement proceeding. As the operational blueprint for the FSR regime, the guidelines materially shape Chinese SOE and Gulf SWF EU-market access planning for concentrations, public-procurement tenders, and sub-threshold transactions.

China's Ministry of Commerce issued Announcement 2025 No. 3 on 9 January 2025, the Final Determination of its Trade and Investment Barrier (TIB) investigation into the European Commission's enforcement practices under the EU Foreign Subsidies Regulation (FSR). MOFCOM concluded that EC practices in FSR investigations targeting Chinese enterprises in rail transport, photovoltaics, wind energy, and security-equipment public procurement constitute trade and investment barriers under Article 3 of China's Rules on Trade and Investment Barrier Investigations (对外贸易壁垒调查规则). The determination documents €20.88 billion in estimated economic losses — including €10.18 billion from abandoned bids — and finds de-facto discrimination against Chinese SOEs relative to investors from other jurisdictions. MOFCOM committed to taking "necessary measures" including bilateral consultations, multilateral dispute settlement, or "other appropriate measures" to safeguard Chinese enterprises' legitimate rights and interests.

On 3 April 2024 the European Commission opened two simultaneous FSR Phase II in-depth investigations — the second and third ever under the Foreign Subsidies Regulation (Regulation 2022/2560) — concerning a Romanian public-procurement procedure for the design, construction and operation of a 454.97 MW EU-co-funded photovoltaic park (Rovinari Est). The first investigation targeted the ENEVO Group consortium including LONGi Solar Technologie GmbH (German subsidiary wholly owned by HK-listed LONGi Green Energy Technology Co., Ltd.); the second targeted Shanghai Electric UK Co. Ltd. and Shanghai Electric Hong Kong International Engineering Co., Ltd. (Chinese SOE). Both respondents withdrew from the procurement procedure after the Commission's opening; the Commission subsequently closed both investigations. This was the first FSR Phase II enforcement action in the renewable-energy / solar-PV sector and the first targeting a private Chinese-listed company's EU subsidiary.