Industrial Policy & Trade Monitor· 2665 actions· ✨ 90 recent

On 10 November 2025 the European Commission conditionally approved, under the Foreign Subsidies Regulation (Regulation (EU) 2022/2560), the c. €14.7bn acquisition of German polymer and polyurethane producer Covestro AG by Abu Dhabi National Oil Company (ADNOC). The Phase II investigation identified foreign-subsidy distortions including an unlimited UAE State guarantee covering ADNOC and a committed capital increase by ADNOC's state-backed parent into Covestro. To clear the transaction, ADNOC committed to remove the State guarantee, Covestro committed to maintain existing R&D cooperation agreements with EU competitors, and Covestro committed to license its present and future sustainability-related patents (c. 200 patents) to qualifying EU market participants on pre-established transparent terms for ten years. This is the second-ever FSR Phase II conditional clearance (after the September 2024 e&/PPF Telecom decision) and the first FSR remedy package to deploy sustainability-IP licensing as a structural commitment.

On 24 September 2024 the European Commission issued its first-ever final decision under the Foreign Subsidies Regulation (Regulation (EU) 2022/2560), conditionally approving (Case FS.100011) the acquisition of PPF Telecom Group B.V. by Emirates Telecommunications Group Company PJSC (e&, majority-owned by the Emirates Investment Authority, Abu Dhabi). The Commission found that e& received prohibited foreign subsidies — principally an unlimited state guarantee via the EIA and preferential financing instruments — that risked post-transaction competitive distortion within the EU's five-country PPF footprint (Czechia, Bulgaria, Hungary, Serbia, Slovakia; 10+ million subscribers). Conditions imposed require e& to remove the unlimited state guarantee, prohibit financing PPF's EU operations from EIA or e& group treasury, and mandate notification of future EU acquisitions above the FSR thresholds. The non-confidential version of the decision was published 4 April 2025.

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.