Preventing distortions of competition in the internal market: the application of the Foreign Subsidies Regulation between continuity and novelty[La prévention des distorsions de concurrence sur le marché intérieur : l’application du règlement subventions étrangères entre continuité et nouveauté]

Addressing the question of how to prevent and punish distortions of competition resulting from foreign subsidies inexorably leads us to compare the spirit of our times with that which prevailed three decades ago. The latter was rooted in the secular tradition of both political and economic liberalism. From this perspective, the development of trade relations contributes to the growth of wealth for all. However, the intensification of trade and the strengthening of economic complementarities between states can lead to heightened tensions, rather than inexorably to more peaceful relations. Moreover, these concerns arise against a backdrop of challenges to multilateralism (if only in terms of trade dispute settlement) and increasingly restrictive inter-state trade policies. As soon as a game moves away from a cooperative model, its mutually beneficial nature must be re-examined. The novelty of the "Foreign Subsidies" regulation is that it transposes the logic of the state aid framework to the level of trade with third countries, and introduces specific measures to ensure that there are no distortions in the field of mergers and the award of public contracts or concession contracts. In the first part of this article, we will analyze the aims of the new EU regulation, and in the second part, we will show that, while it borrows from many of its predecessors, this new regulation departs from them on some critical points.