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
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 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
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)
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
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
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