The draft Guidelines to the Foreign Subsidies Regulation (FSR) risk broadening the already excessive reach of the FSR and making its application even less certain for industry, adding to already disproportionate costs and complexities for businesses. The Guidelines should take the opposite approach, seeking to clarify unclear concepts related to the FSR’s application, hone its scope to focus only on subsidies with a demonstrable EU nexus and align the FSR’s treatment of foreign incentives with EU State aid rules.