Charting the Path: Administrative and Judicial Remedies Available to Third Parties under the Foreign Subsidies Regulation
I rimedi amministrativi e giudiziali dei terzi ai sensi del regolamento sulle sovvenzioni estere
Les recours administratifs et judiciaires des tiers dans le cadre du règlement sur les subventions étrangères
The Foreign Subsidies Regulation (“FSR”) is a new regulatory tool designed to protect the internal market against the anticompetitive effects of public intervention. Like similar regulatory frameworks, the involvement of third parties, especially competitors of alleged beneficiaries, is crucial for its effective enforcement. However, the FSR lacks specific provisions concerning complainants’ procedural rights during investigations and does not address the coordination of public and private enforcement. This article examines the available remedies for third parties within the FSR framework, both before the Commission and national courts. It is argued that a textual and systematic interpretation of certain provisions may support the recognition of procedural rights for complainants in the framework of FSR investigations. Moreover, by analyzing scenarios where national remedies and the Commission’s investigation powers intersect, the contribution underscores the complementary nature of public and private enforcement in ensuring the regulation’s effectiveness while safeguarding the rights of all parties involved.
