The proposed revision is ambitious in scope and aims for a greater harmonization of national FDI regimes.
On January 24, 2024, the European Commission (EC) adopted five initiatives to strengthen the EU’s economic...more
The Court’s first decision on FDI screening limits the scope of the EU FDI Screening Regulation and underlines that national regulators must meet a high legal standard to block foreign investments.
On July 13, 2023, the...more
Under the draft law, the FCO could impose behavioural and structural remedies following a sector inquiry without finding an infringement of German or EU competition law.
The German Federal Ministry for Economic Affairs...more
The European Commission (EC) has published a proposal (Proposal) for a regulation on foreign subsidies that distort the internal market. The Proposal aims to address the perception that foreign subsidies have created an...more
The latest amendments build on last year’s reform, extensively expanding the sectors subject to a mandatory review.
Key Points:
..The list of sectors in which investment in a German business triggers a notification...more
The energy and infrastructure sectors continue to experience transformative changes at a high pace, a trend that Latham expects to sustain momentum for the foreseeable future.
Energy Sector -
The global mega-trend of...more
1/22/2021
/ Acquisitions ,
Coal ,
Digital Markets Strategy ,
Energy Sector ,
EU ,
Foreign Direct Investment ,
Hydrogen Power ,
Member State ,
Mergers ,
Power Infrastructure ,
Private Equity Funds
The Digitalization Act, which entered into force on January 19, 2021, substantially extends the scope of German antitrust law to tackle presumed enforcement challenges in the digital economy and raises merger control...more
1/21/2021
/ Antitrust Provisions ,
Blacklist ,
Competition Act ,
Digital Assets ,
Digital Markets Strategy ,
Federal Cartel Office (the FCO) ,
Germany ,
Illegal Tipping ,
Judicial Review ,
Merger Controls ,
Mergers ,
New Regulations
The latest amendments provide new criminal gun jumping rules, broaden the standard of review, and expand EU-wide cooperation.
Key Points:
..New gun jumping rules prohibit certain pre-closing cooperation as well as...more
The Commission opens a public consultation on a new tool to protect the EU from international competition.
The European Commission (the Commission) is consulting the market on a proposal to add a new tool to the EU...more
Die Änderungen der Außenwirtschaftsverordnung erweitern die Anmeldepflichten im Gesundheitssektor und stellen die Kriterien zur Überprüfung von Auslandsinvestitionen klar.
Zusammenfassung:
..Beteiligungen von mindestens...more
Changes will extend the scope of filing requirements in the healthcare sector and clarify factors for review of foreign investment in German companies.
Key Points:
..Acquisitions of at least 10% of German companies that...more
EU Regulation on FDI will enhance Member State cooperation in screening investments by non-EU investors.
Key Points:
..The Regulation will establish a cooperation and coordination framework amongst Member States and the...more
In June 2018, the UK adopted new powers to review certain technology related deals on national security grounds, extending the scope and breadth of its control regime to those that concern computing hardware, or quantum...more
1/11/2019
/ Acquisitions ,
CFIUS ,
Critical Infrastructure Sectors ,
Emerging Technology Companies ,
EU ,
FIRRMA ,
Foreign Investment ,
Germany ,
Merger Controls ,
Mergers ,
National Security ,
Technology Sector ,
UK ,
UK Brexit ,
UK Competition and Markets Authority (CMA)
Changes to the German Foreign Trade and Payments Ordinance will impact investments by non-EEA investors.
Key Points:
..The changes will allow the German government to scrutinize direct and indirect acquisitions of at...more
New law expands CFIUS’ jurisdiction and brings important procedural changes to foreign direct investment review.
Key Points:
..The new legislation extends CFIUS’ jurisdiction to cover non-controlling investments in the...more
8/14/2018
/ CFIUS ,
China ,
Covered Transactions ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Emerging Technology Companies ,
Export Controls ,
FIRRMA ,
Foreign Investment ,
National Security ,
NDAA ,
Trump Administration ,
U.S. Commerce Department
Final joint guidance on new transaction value threshold published.
The German Federal Cartel Office (FCO) and the Austrian Federal Competition Authority (FCA) have released a joint guidance paper (Guidance Paper)...more
The expansion of the UK government’s foreign investment review powers will require additional scrutiny of potential deals for the early identification of additional steps in the regulatory approval strategy.
Key...more
Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies. Deal teams have previously...more
Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies in the name of national security....more
Proposal coordinates existing national screening mechanisms, grants the Commission powers to review investments of “Union interest.” European Parliament and Member States’ approval still required.
Key Points: On 13...more
The German government has tightened the rules for its review proceedings for M&A involving non-EU investors, with changes to its German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) that significantly...more
Changes to the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung – FTPO) will impact certain cross-border transactions.
Key Points:
..The changes, which entered into force on 18 July 2017, allow...more
Proposed legislative amendment to include changes to merger control thresholds, dominance test, parental liability, and to implement EU private damage directive.
This Client Alert focuses on amendments to merger control,...more