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The Regulation (EU) 2022/2560 on Foreign Subsidies Distorting the Internal Market (FSR) formally entered into force on 12 January 2023, but the regime did not apply until 12 July 2023. On the same day, the respective Implementing Regulation (EU) 2023/1441 was published in the Official Journal.

As we previously announced, the Court of Justice of the European Union (“CJEU”) issued a ruling in the CK Telecoms case last week, annulling the CK Telecoms judgment and referring the case back to the General Court (“Court”). This appeal was in response to the Court’s decision on May 28, 2020, invalidating the European Commission’s (“EC“) ban on the acquisition of Telefonica Europe Plc by Hutchison 3G UK Investments Ltd. In this article, we delve deeper into the background of this important case and the reasoning behind the CJEU ruling.

With its decision dated 23.03.2023 and numbered 2019/40991, published in the Official Gazette dated 20.06.2023 and numbered 32227, the Constitutional Court [the “Court”] ruled that the on-site investigation carried out at the workplace within the scope of the investigations conducted by the Competition Board without a judge's decision violated the inviolability of domicile guaranteed under Art. 21 of the Constitution.

Whereas competition law regimes around the globe struggle to find the right enforcement tools in a fast changing world, leading some jurisdictions to introduce revolutionary and highly sophisticated new intervention powers for competition authorities, Hungary is to experiment a simpler approach: an “increase of the hammer’s size”.

The Foreign Subsidies Regulation (FSR), one of the EU’s latest state aid instruments, entered into force on January 12, 2023. Now, after six months, it starts to apply. This regulation establishes rules to govern foreign subsidies that could distort the EU’s internal market. It empowers the European Commission (“Commission”) to investigate financial contributions provided by non-EU countries to companies operating in the EU. If these contributions are found to be distortive subsidies, the Commission can enforce corrective measures to remedy these effects.

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