During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more
The EU Commission presented the long-awaited European Economic Security Package ("EESP"), a toolkit to ramp-up European action in investment, trade and research in the face of rising geopolitical tensions, geo-economic...more
France is currently strengthening its foreign direct investment (“FDI”) screenings regime. In addition to the new resources allocated to the Government unit in charge of the French FDI laws, the French government adopted, on...more
On 1 July 2023, the Belgium foreign direct investment ("FDI") screening regime enters into force. The regime will add scrutiny for non-EU companies planning investments in targeted sectors and will create additional...more
The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more
With 2023 only a few days old, many predictions are out there about what the New Year holds for investment and M&A activity. While it is hard to prophesy, particularly in such unprecedentedly turbulent times, one legal trend...more
In its Second Annual Report on the screening of foreign direct investment (FDI) into the Union, the EU Commission takes stock of the FDI screening rules at both EU and Member State level. Today, 25 out of 27 Member States...more
On Monday, 4 April 2022, the German Federal Minister of Economics Robert Habeck announced that his Ministry (Bundesministerium für Wirtschaft und Klimaschutz – BMWK) is appointing the Federal Network Agency (Bundesnetzagentur...more
On 1 January 2022, Germany renewed its ever tougher FDI rules yet again. The reform expands definitions of so-called critical infrastructures, especially but not only in the areas of IT services and energy. Indirectly, this...more
In its First Annual Report on the EU Foreign Direct Investment (FDI) Screening Regulation and Member States’ individual screening mechanisms, the European Commission takes stock of the first year of implementation of the new...more
Regulators are becoming increasingly active in imposing measures on deals or prohibiting them altogether under FDI rules – with prohibitions happening in the EU’s largest economies Germany, France, and Italy in the past...more
Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing...more
1/26/2021
/ Artificial Intelligence ,
Corporate Sales Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Information Technology ,
Merger Controls ,
Popular
Foreign investment control has become a key factor in M&A deals and 2020 has been an eventful year. A large number of economies have introduced foreign investment control regimes or tightened their existing rules....more
12/4/2020
/ 5G Network ,
Acquisition Agreements ,
Foreign Investment ,
Germany ,
Innovative Technology ,
Merger Agreements ,
Microchip Technology ,
National Security ,
Popular ,
Software ,
Supply Chain
The long-awaited application of the European Union (EU) Regulation on a framework for the screening of foreign direct investment (FDI) in the EU started yesterday, 11 October 2020. It is still early days to anticipate how the...more
Governments all over the world are continuing to take steps to strengthen their powers to intervene in foreign direct investments ("FDI") into their countries. These changes come at a time of increased scrutiny of foreign...more
For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more
The overall ongoing trend in major Western economies of tightening Foreign Investment Control is not being overlooked in Europe. As these new measures also particularly affect disposals and acquisitions of German "critical...more
For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more
2/27/2020
/ Cross-Border Transactions ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Investment Opportunities ,
Investors ,
Regulatory Reform ,
Regulatory Standards ,
Security Standards ,
Standard of Review ,
Standstill Agreements ,
Threshold Requirements
In recent years, several European Union (EU) Member States, as well as the EU itself, have reconsidered their approaches to foreign direct investment (FDI). An increasing number of European jurisdictions have introduced rules...more
8/2/2019
/ Aerospace ,
CFIUS ,
Cross-Border Transactions ,
Defense Sector ,
EU ,
FIRRMA ,
Foreign Investment ,
Member State ,
National Security ,
Regulatory Requirements ,
Screening Procedures ,
Transparency
Foreign direct investment (“FDI”) screenings have become a relevant factor for global transactions in recent years. More and more jurisdictions are introducing or ramping up their powers for scrutinising FDI, which parties to...more
The dynamism of the Technology, Media and Telecoms sector is set to continue.
Challengers can reach scale seemingly overnight, forcing market change at a similar speed. Established business models are upended, driving...more
6/21/2019
/ 5G Network ,
Antitrust Provisions ,
Artificial Intelligence ,
Big Data ,
Digital Media ,
Drones ,
eSports ,
Foreign Investment ,
General Data Protection Regulation (GDPR) ,
Hulu ,
Intellectual Property Protection ,
Internet Streaming ,
Netflix ,
Outer Space ,
Satellites ,
Standard Essential Patents ,
Telecommunications ,
Television Programming ,
Trade Policy ,
UK Brexit
The European Union (EU) has recently proposed new rules establishing a framework for the review of foreign investments in the EU on the grounds of security or public order (“Commission Proposal”)....more
On 12 July 2017, the German Federal Government significantly reinforced the barriers for the acquisition of German companies by non-EU companies. The new Regulation for the Amendment of the Foreign Trade and Payments...more
7/18/2017
/ Cloud Computing ,
Critical Infrastructure Sectors ,
Defense Sector ,
EU ,
Foreign Investment ,
Foreign Trade Regulations ,
Germany ,
Information Technology ,
Regulatory Oversight ,
Reporting Requirements ,
Software ,
Telecommunications Act ,
Voting Rights