News & Analysis as of

Threshold Requirements National Security

Pillsbury Winthrop Shaw Pittman LLP

FCC Adopts International Section 214 Authorization Order and Notice of Proposed Rulemaking to Address National Security Concerns...

International Section 214 authorizations are issued to telecommunications providers that seek to offer international services originating or terminating in the United States. The FCC released an order requiring all...more

Goodwin

Private Equity Market Update

Goodwin on

UPDATES AT A GLANCE — FEBRUARY 2022 MARKET TRENDS: - 2021 U.S. PE Market Trends in Review - Goodwin Private Equity Deal Database – Reverse Break Fees - R&W Insurance – Rate on Line and Insurer Appetite KEY TRANSACTION...more

Morgan Lewis

UK CMA Publishes Updated Merger Guidance Following Commencement of NSI Act

Morgan Lewis on

The UK Competition and Markets Authority updated its guidance on the merger control regime in the United Kingdom on 4 January 2022—the same day the National Security and Investment Act 2021 came into effect. The updated...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Canada

White & Case LLP on

Since COVID-19, deals involving foreign state-owned enterprises or enterprises related to public health or the supply of critical goods and services are increasingly subject to review - The Investment Review Division...more

Dechert LLP

Foreign Direct Investment (FDI) control in the United Kingdom

Dechert LLP on

The UK has become one of the latest in a line of countries around the world to tighten FDI screening rules in the context of the COVID-19 pandemic. The legislative changes that were passed recently affect the rules in two...more

Morgan Lewis

New UK Powers in Transactions Impacting National Security

Morgan Lewis on

The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and...more

Jones Day

France Lowers Threshold Triggering FDI Screening Mechanism for Listed Companies to 10%

Jones Day on

The lowered threshold for foreign direct investments into France will apply to non-EU and non-EEA investors or to any investor fiscally domiciled outside the European Union and European Economic Area. On July 23, 2020,...more

White & Case LLP

COVID-19: Following the paths of Spain, and soon Germany, the French Government Further Strengthens Foreign Investments Control

White & Case LLP on

The French Foreign Investments Control regime has recently been reinforced following a reform introduced by Decree n° 2019-1590 of 31 December 2019 and the Ministerial Order of 31 December 2019 relating to foreign investments...more

Dechert LLP

Implementing FIRRMA: CFIUS Publishes Interim Rule on Filing Fees for Voluntary Transaction Notices

Dechert LLP on

This Interim Rule follows the Proposed Rule on filing fees published by the Committee on March 9, 2020...The Interim Rule also implements one of the last remaining changes to the CFIUS process initiated by the Foreign...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Moves To Protect Strategic Assets Amid COVID-19 Pandemic

On April 29, 2020, the French Minister of the Economy (the Minister) announced that French foreign investment rules will be adopted with the policy goal of protecting French strategic assets in the context of the COVID-19...more

Hogan Lovells

New year presents new opportunities in federal budget cycle

Hogan Lovells on

Congressional appropriations serve as a potent tool to guide administrative actions in commerce and trade Before departing in the final days of 2019, Congress passed a bipartisan spending package amounting to US$1.4...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Germany

White & Case LLP on

The Federal Ministry for Economic Affairs and Energy further tightened foreign direct investment control, but the investment climate remains liberal - Pursuant to the German Foreign Trade and Payments Act...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Canada

White & Case LLP on

While few deals are challenged in Canada, national security reviews are becoming more common and complex. The Investment Review Division (IRD), which is part of the Ministry of Innovation, Science and Economic Development...more

Jones Day

Jones Day Talks: Navigating Foreign Direct Investment in Germany

Jones Day on

Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition,...more

Dechert LLP

Germany: Foreign Investments under Increased Scrutiny

Dechert LLP on

The German government opposes two high-profile acquisitions by foreign investors as it plans to tighten foreign investment control laws. Key Takeaways: In July and August 2018 the German government opposed two...more

Sheppard Mullin Richter & Hampton LLP

New Lower UK Thresholds for Scrutiny of Mergers Affecting National Security

Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the...more

Jones Day

UK Changes Merger Control Regime for Foreign Takeovers

Jones Day on

The Situation: New legislation came into force on 11 June 2018, allowing the UK Government to scrutinise a wider range of mergers that may raise public interest or national security issues. The Context: This is the outcome...more

Orrick, Herrington & Sutcliffe LLP

CMA Launches Consultation Concerning Changes To Its Jurisdiction Over M&A In The Tech Sector

The UK government considers that transactions in the following sectors can raise national security concerns: 1. quantum technology; 2. computing hardware; and 3. the development or production of items for military...more

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