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

Regulation (EU) 2023/2675 — the Anti-Coercion Instrument (ACI) — is the EU's first horizontal trade-defence framework explicitly empowering the Union to respond to economic coercion by third countries. Adopted by the European Parliament and Council on 22 November 2023, published in the Official Journal on 7 December 2023, and in force from 27 December 2023, it lets the European Commission (i) determine that a third country is applying economic coercion against the Union or a Member State, (ii) seek dialogue, cessation, and reparation, and (iii) impose Union response measures — including tariffs, services-trade restrictions, IP-rights restrictions, public-procurement restrictions, and FDI restrictions targeting nationals or controlled entities of the coercing state. It complements but does not duplicate the Foreign Subsidies Regulation (which addresses subsidies, not coercion).

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.