ICLE Cited in Norton Rose Fulbright Article on Foreign Subsidy Disclosure

ICLE October 13, 2026

Norton Rose Fulbright cited ICLE in an article on foreign subsidy scrutiny in US and EU merger review. The piece examines efforts to revise the FTC’s premerger notification requirements and cites ICLE’s comments on the statutory requirements to disclose foreign subsidies. Read the full piece here.

Commenters such as the International Center for Law & Economics, Committee for Justice and TechFreedom emphasize that foreign subsidy disclosure is a statutory mandate rather than a matter of agency policy preference. At the same time, the US Chamber of Commerce, the American Investment Council and others stress that any such requirement must be carefully calibrated. Key themes include:

• clearly defining what constitutes a reportable “subsidy” and ensuring any disclosure requirement is clearly bounded;
• limiting disclosure obligations to subsidies that are necessary and appropriate for the competitive assessment, with a focus on subsidies in overlapping markets; and
• introducing a de minimis monetary threshold below which subsidies need not be reported.