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Brussels is launching its first anti-subsidy probe into international patrons of EU belongings, utilizing new powers to research a multibillion-euro telecoms deal involving an acquirer from the United Arab Emirates.
With the bloc tightening scrutiny of abroad funding flows, the European Fee will this week open a proper in-depth probe into e&’s proposed acquisition of Czech PPF group’s telecoms belongings in Bulgaria, Hungary, Serbia and Slovakia.
Whereas the exact timing stays unsure, the announcement of the investigation is anticipated to come back in as early as Monday, in keeping with three folks with direct information of the case.
Telecoms group e&, which was previously referred to as Etisalat and is majority owned by the UAE authorities, clinched a €2.2bn deal to purchase the belongings final August and the proposed deal has gained approval from nationwide competitors regulators.
However the fee is anxious the Abu Dhabi-based firm acquired state funds, amounting to unfair subsidies, as a way to full the deal. It has additionally questioned whether or not state funding might assist the corporate outperform EU rivals, undermining competitors.
With a view to open an in-depth probe of this sort, the fee would wish to have discovered indications of subsidies that may distort the market, mentioned folks conversant in the investigation.
Etisalat is anticipated to argue it has acquired no state assist from the UAE and there have been no state subsidies that may undermine Etisalat’s rivals, two of those folks mentioned. Etisalat, PPF and the fee declined to remark.
Overseas patrons of EU belongings have by no means earlier than been topic to restrictions just like the bloc’s state assist regime, which goals to police public assist so member states don’t give monetary benefits to nationwide corporations.
The EU’s international subsidies regulation was handed final yr to make sure that corporations outdoors the bloc additionally keep away from having an unfair benefit from cash-rich governments akin to China when shopping for European belongings.
“This is the first use in an acquisition of the important new powers under the foreign subsidies regulation. Until now state aid rules have applied only to EU governments,” mentioned Alec Burnside, a Brussels-based accomplice at regulation agency Dechert.
Thus far the instances launched beneath the international subsidy regime have solely focused Chinese language corporations in conditions referring to bidding for public contracts or direct subsidies. The Etisalat probe would even be the primary time the EU is utilizing its powers to scrutinise the acquisition of belongings.
Final month two Chinese language bidders pulled out of a young to provide a photo voltaic park in Romania after Brussels had opened an in-depth investigation into the 2 consortiums bidding for the event.
