Sebastian Gerber
Sebastian Gerber is an antitrust, competition and regulatory lawyer based in Brussels.
Sebastian advises multinational and German clients on all aspects of European and German competition law, including merger control, State aid, public procurement and antitrust. Sebastian also advises on all matters of EU regulatory law.
Prior to joining the firm, Sebastian gained experience at the European Commission, Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs (GROW) and different international and German law firms.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2023
Experience
- Norton Rose Fulbright (2023 - Present)
- European Commission, DG Grow (Aug 2022 - Oct 2022)
- Gleiss Lutz (Nov 2021 - Jul 2022)
Membership
- Studienvereinigung Kartellrecht e.V.
- Deutscher Anwaltverein in Belgien
Qualifications
- LL.M. (2020)
- Rechtsanwalt (2023)
Education
- King's College London (2019-2020)
- Goethe University, Frankfurt (2014-2019)
2 Contributions by Sebastian Gerber
PRACTICE NOTES
EU Foreign Subsidies Regulation: Public Procurement Notifications and Declarations - Scope, €250m/€4m Thresholds, FS-PP Requirements, Review Timelines and Commission Powers
On 12 January 2023, Council Regulation (EU) 2022/2560 of 14 December 2022 on foreign subsidies distorting the internal market (FSR) took effect. On 10 July 2023, the European Commission adopted Council Regulation (EU) 2023/1441 of 10 July 2023 on detailed arrangements for the conduct of proceedings by the Commission pursuant to Regulation (EU) 2022/2560 of the European Parliament and the Council on foreign subsidies distorting the internal market (Implementing Regulation), which sets out the procedural rules for putting the FSR into practice. The FSR establishes a new system designed to address distortions to competition in the EU internal market stemming from foreign subsidies. It introduces compulsory notification and clearance duties for substantial EU public tenders and for takeovers of significant EU businesses, and grants the Commission broad powers to commence ex officio inquiries. The notification obligations have applied since 12 October 2023.
Mandatory notification/declaration for public procurement procedures
Public procurement procedures fall within the FSR notification regime when the following conditions (1–3) are all met. If only the first two conditions are satisfied, economic operators must submit a declaration. In an open (single-stage) procurement procedure, the notification or declaration must be provided once, alongside the tender. In a...
Competition
PRACTICE NOTES
EU Foreign Subsidy Regulation Concentration Notifications, Turnover and FFC Thresholds, Form FS-CO, Reporting Duties, Balancing Test, Review Timelines, Standstill, and Commission Investigatory Powers
On 12 January 2023, Council Regulation (EU) 2022/2560 of 14 December 2022 on foreign subsidies that distort the internal market (the FSR) came into effect.
On 10 July 2023, the European Commission (Commission) adopted Council Regulation (EU) 2023/1441, the Implementing Regulation, which lays down detailed arrangements for how the Commission conducts proceedings under Regulation (EU) 2022/2560 of the European Parliament and of the Council on foreign subsidies distorting the internal market, setting out procedural rules for putting the FSR into practice.
The FSR establishes a new framework to tackle distortions of competition within the EU internal market arising from foreign subsidies. It introduces mandatory notification and clearance obligations for takeovers of significant EU businesses and for sizeable EU public procurement, and grants the Commission wide-ranging powers to open ex officio inquiries. The notification obligations have applied since 12 October 2023.
This Practice Note summarises the principal aspects of the FSR, including the compulsory notification and approval regime for M&A deals and the Commission’s capacity to initiate its own investigations into problematic foreign subsidies.
Notification obligation for concentrations
M&A transactions are notifiable under the FSR where the below conditions are met...
Competition
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