FSR, Article 7, SE

1. The Commission may impose redressive measures in order to remedy the distortion in the internal market actually or potentially caused by a foreign subsidy, unless it has accepted commitments offered by the undertaking under investigation pursuant to paragraph 2.

2. The Commission may accept commitments offered by the undertaking under investigation where such commitments fully and effectively remedy the distortion in the internal market. When accepting such commitments, the Commission shall make them binding on the undertaking under investigation in a decision with commitments in accordance with Article 11(3). The undertaking’s compliance with the commitments agreed upon shall, where appropriate, be monitored.

3. Commitments or redressive measures shall be proportionate and fully and effectively remedy the distortion actually or potentially caused by the foreign subsidy in the internal market.

4. Commitments or redressive measures may consist, inter alia, of the following:

(a)

offering access under fair, reasonable, and non-discriminatory conditions to infrastructure, including research facilities, production capabilities or essential facilities, that were acquired or supported by the foreign subsidies distorting the internal market unless such access is already provided for by Union legislation;

(b)

reducing capacity or market presence, including by means of a temporary restriction on commercial activity;

(c)

refraining from certain investments;

(d)

the licensing on fair, reasonable and non-discriminatory terms of assets acquired or developed with the help of foreign subsidies;

(e)

the publication of results of research and development;

Official source

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