Competition analysis: On 23 April 2024, the European Commission carried out its first dawn raid under the new EU Foreign Subsidies Regulation. The business targeted was Nuctech—a subsidiary of a Chinese owned company specialising in security inspection equipment, operating from both the Netherlands and Poland. During the raid, the Commission requested the content of a number of employees’ mailboxes whose data were stored on servers located in China. In late May 2024, Nuctech issued proceedings in the EU’s General Court, challenging the Commission’s decision to initiate the raid and requesting the investigation be suspended. Nuctech’s application was dismissed by the General Court on 12 August 2024. Written by Jonathan Branton, head of EU/Competition at the English law firm DWF and also leads the government and public sector group and Amanpreet Kaur, solicitor at DWF Law LLP.
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