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Proposal to Revise EU FDI Screening Regulation - Revolution or Gradual Evolution?

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

European Court of Justice Rules on Foreign Direct Investment Screening

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

Germany Further Expands FDI Control Regime

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

Energy and Infrastructure in Germany Sustains Momentum Despite Challenges

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

Germany Adopts New Sweeping Revision of FDI Control Regime

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

COVID-19: Germany Plans for Significant Increase of Foreign Investment Scrutiny

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

European Union Introduces FDI Screening Mechanism on Security and Public Order Grounds

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

German Government Extends Foreign Investment Control To Certain 10% Minority Investments

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

European Commission Proposes Framework to Screen Certain Foreign Direct Investments

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

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