New law regulates commercial dealings between suppliers and comparatively larger buyers of food and agricultural products.
Germany passed a new law, Agrarorganisationen-und-Lieferketten-Gesetz ("AgrarOLkG"), the...more
The 17th amendment to the German Foreign Trade and Payment Ordinance ("AWV") adopted by the federal government on April 27, 2021, included—compared to the original draft—a number of changes relevant to M&A transactions with a...more
German financial institutions may need to consider a risk framework for monitoring their customers' compliance with social and environmental standards.
The German Federal Government recently proposed a draft act on...more
The changes will expand the notification requirements for tech-related transactions significantly.
The German federal government published a draft 17th amendment to the Foreign Trade and Payment Ordinance ("AWV"), which is...more
The Development: The Bundestag, the German legislature, amended Germany's antitrust laws to include special competition rules for digital platform "companies with overwhelming importance for competition across multiple...more
Jones Day partners Jürgen Beninca and Dieter Strubenhoff discuss how private litigation relating to antitrust and competition enforcement in Germany has changed in recent years, what factors claimants should consider when...more
On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette....more
Over the past few years, Germany has strengthened the AWV regime. In parallel, the relevance of Germany's foreign direct investment control investigations for M&A transactions involving non-EU investors has grown. Even...more
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
3/25/2019
/ Acquisitions ,
AWG/AWV Rules ,
Critical Infrastructure Sectors ,
Cryptocurrency ,
Defense Sector ,
EU ,
Filing Requirements ,
Foreign Corporations ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Investors ,
National Security ,
New Legislation ,
Regulatory Oversight ,
Safe Harbors ,
Technology Sector ,
Threshold Requirements
The German government lowered the threshold for acquisitions of German companies by non-EU and non-European Free Trade Association ("EFTA") acquirers.
Germany has expanded its powers to block takeovers of German companies...more
12/26/2018
/ Acquisitions ,
Critical Infrastructure Sectors ,
EFTA ,
EU ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Member State ,
Merger Controls ,
Mergers ,
Threshold Requirements
The Situation: Germany prevented State Grid Corporation of China ("SGCC") from acquiring a 20 percent minority stake in 50Hertz, one of Germany's four providers of high-voltage transmission systems, as well as the acquisition...more
8/10/2018
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
France ,
Germany ,
Mergers ,
National Security ,
UK
The Situation: Market-dominant and powerful companies in Germany are subject to a number of rules that are significantly broader and stricter than the European Union's, Article 102 AEUV, which prohibits the abuse of a...more
2/23/2018
/ Abuse of Dominance ,
Acquisitions ,
Bargaining Power ,
Cherry Picking ,
Federal Cartel Offices ,
Foreign Acquisitions ,
German Supreme Court ,
Germany ,
Reimbursements ,
Suppliers ,
Unfair or Deceptive Trade Practices
On July 18, 2017, the German government enacted changes to the Foreign Trade and Payments Ordinance ("AWV") that significantly expand the scope of the law....more
The German Federal Cartel Office ("FCO") provided guidance on several hot antitrust topics in July 2017. While the guidance is contained in the FCO's report on its sector inquiry into the cement and ready-mix concrete...more