On January 15, 2025, the European Commission (EC) issued a Recommendation (the Recommendation) urging European Union (EU) Member States to scrutinize their companies' investments in non-EU countries (also referred to as...more
On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more
1/26/2024
/ Biden Administration ,
Critical Infrastructure Sectors ,
Dual Use Goods ,
EU ,
EU Screening Regulation ,
European Commission ,
European Court of Justice (ECJ) ,
Executive Orders ,
Export Controls ,
Foreign Direct Investment ,
Foreign Investment ,
Greenfield Projects ,
Indirect Investors ,
International Harmonization ,
Investors ,
Member State ,
New Regulations ,
Research and Development ,
Risk Assessment ,
Semiconductors ,
Sensitive Personal Information ,
Technology Sector ,
Treaty on the Functioning of the European Union (TFEU)
The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...more
The EU is concerned about subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU markets.
The Foreign Subsidies Regulation (FSR) establishes a new suspensory notification...more
President Biden recently issued “formal Presidential direction” on the risks that the United States will consider when evaluating in-bound foreign investment....more
With the EU FDI Regulation close to celebrating its second year anniversary, the European Commission (EC) has published its second annual report on EU FDI screening covering the operation of the mechanism in 2021. In...more
The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more
On 1 May 2021, the latest amendment of the German Foreign Direct Investment (FDI) regime entered into force, following a decision of the German government as of 27 April 2021.
...more
Introduction -
In 2004, Germany enacted a regime empowering the German government to assess and prohibit the acquisition of German businesses active in the defence and encryption sector by Non-German investors. This...more
On 1st of August 2018, the German government issued the first ever (precautionary) order prohibiting the acquisition of a German business by a foreign investor – the Leifeld case....more
Speed read -
Just a few weeks after Germany amended its rules on foreign direct investment (FDI) control, European Commission President Juncker announced a legislative proposal for, and the European Commission published a...more