Industrial Policy & Trade Monitor· 2665 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.

On 10 December 2025 the European Commission opened an in-depth investigation under the Foreign Subsidies Regulation (FSR) — its first ex officio Phase II investigation — into whether Chinese state-controlled security-scanner producer Nuctech received foreign subsidies enabling it to offer prices and conditions that EU competitors could not match across airport, port, and border-crossing markets. Nuctech Technology, controlled by Tsinghua Tongfang (PRC state-linked), operates EU subsidiaries in Poland and the Netherlands (Nuctech Warsaw and Nuctech Netherlands), supplying threat-detection scanners to roughly 80% of EU airports and 70% of EU sea and land border crossings. The case (FS.100068) followed April 2024 unannounced FSR dawn raids at Nuctech's Polish and Dutch premises — one of the first uses of FSR inspection powers — and sets a precedent for ex officio scrutiny of state-subsidised foreign incumbents beyond the M&A and public-procurement tracks where FSR had previously operated.

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.

Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market — the EU Foreign Subsidies Regulation (FSR) — entered into force on 12 July 2023, with notification obligations becoming applicable from 12 October 2023. The FSR gives the European Commission powers to investigate financial contributions granted by non-EU governments to companies active in the EU, and to impose remedies (commitments, redressive measures, prohibitions) where such subsidies are found to distort competition. Three review tools: (i) notifiable concentrations (M&A above €500m EU turnover + €50m foreign financial contributions); (ii) notifiable public procurement bids (€250m+ contract value + €4m foreign contributions); (iii) ex-officio investigations of any other market situation. Although neutral on its face, the regime has been used predominantly against Chinese-state-backed bidders + investors.