Insights

On June 8, 2026, a new EU regulation was adopted to replace the 2019 Foreign Direct Investment (FDI) Screening Regulation. The new regulation requires all Member States to establish a screening mechanism for inbound FDI. It also defines a mandatory minimum sectoral scope, expands coverage to investments by foreign investors’ EU subsidiaries, and improves coordination between Member States and the Commission.

On 29 April 2026, the European Commission adopted the Middle East Crisis Temporary State Aid Framework (METSAF), a temporary framework relaxing the conditions under which EU Member States can support companies in sectors particularly affected by fuel, fertilizer, and electricity price surges driven by the Middle East crisis.

At the beginning of the year, we brought to your attention that a number of important Belgian and EU legislative changes are likely to have an impact in 2024: there are new laws that have been adopted and proposals that are expected to firm up into law.

A number of important Belgian and EU legislative changes are likely to have an impact in 2024. On the one hand, there are new laws that have been adopted and will start to bite, and, on the other, there are proposals that are expected to firm up into law.

On July 1, 2023, the European Commission’s revised Guidelines on Horizontal Cooperation Agreements entered into force (see our previous alert for a comprehensive overview of the new rules, including the new horizontal block exemption regulations).

On June 1, 2023, the European Commission published its new block exemption regulations on research and development agreements (R&D BER) and specialization agreements (Specialization BER), together referred to as the Horizontal Block Exemption Regulations (HBERs). At the same time, it published its final Guidelines for Horizontal Cooperation Agreements (Horizontal Guidelines). The new HBERs will enter into force on July 1, 2023.

On October 28, 2022, the European Commission adopted a second amendment to its Temporary Framework for State aid measures to support the economy following Russia’s aggression against Ukraine (“TF”). The TF was set to expire on December 31, 2022. As the war in Ukraine continues to affect companies in the EU, the Commission has extended its application until December 31, 2023. In addition, the second amendment to the TF raises the ceilings for limited amounts of aid and provides for additional flexibility for liquidity support to energy utilities for their trading activities and for companies affected by rising energy costs. It also introduces means to support electricity demand reduction, in line with the recent Regulation (EU) 2022/1854 on an emergency intervention to address high energy prices. The changes reflect the growing concern of the EU institutions about the security of gas and electricity supply in Europe.

As we wrote in an earlier client alert, the European Commission proposed the FSR in May 2021 to close a regulatory gap and level the playing field between undertakings receiving subsidies from EU Member States, which are subject to strict state aid rules, and recipients of third-country subsidies, which so far escaped scrutiny. The proposal followed a public consultation on the European Commission’s June 2020 White Paper on Foreign Subsidies.

Two recent initiatives have been adopted by EU competition authorities in response to the current crisis in Ukraine. On March 23, 2022, the European Commission adopted a new Temporary Crisis Framework for State aid measures to support the EU economy following Russia’s attack on Ukraine. The goal is to allow EU countries to support companies and sectors that are severely affected by the economic impact of the war or the sanctions imposed against Russia. The Framework will be in place until December 31, 2022. This initiative comes shortly after the European Competition Network issued a Joint Statement, allowing companies to cooperate to address severe disruptions caused by the Ukraine crisis.

On March 1, 2022, the European Commission published its draft revised block exemption regulations on research and development agreements (“R&D BER”) and specialization agreements (“Specialization BER”), together referred to as the Horizontal Block Exemption Regulations (“HBERs”). At the same time, it published draft revised Guidelines for Horizontal Cooperation Agreements (“Horizontal Guidelines”). The stated aim of the revision is to make it easier for companies to cooperate in ways that are economically desirable and contribute to the digital and green transition. The current HBERs are set to expire on December 31, 2022; it is therefore to be expected that the final revised HBERs and Horizontal Guidelines will be adopted before the end of this year.

On March 7, 2022, a law amending the Belgian Competition Act and transposing the ECN+ Directive (EU Directive 2019/1) was published. Notable changes include the introduction of merger filing fees (EUR 52,350 for the normal procedure and EUR 17,450 for simplified notifications), fines for violating the notification obligation, and new provisions concerning cooperation with other national competition authorities, judicial remedies, dawn raids and leniency. The amendments enter into force on March 17, 2022.