The European Commission presented the 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 fragmentation...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 new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12...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
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
The disruption linked to COVID-19 already affects the global economy significantly, including M&A transactions in Europe and across the globe. On the regulatory side, many deals face challenges caused by national authorities'...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
Foreign investment continues to garner a great deal of attention. This trend is expected to continue as the global economy further integrates, the number of cross-border and international transactions keeps increasing, and...more
10/21/2019
/ China ,
Cooperation Initiative ,
Court of Justice of the European Union (CJEU) ,
Cross-Border Transactions ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Merger Controls ,
National Security ,
Screening Procedures ,
Treaty on the Functioning of the European Union (TFEU)
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
Read the latest news on antitrust, competition and economic regulation (ACER) in this Winter's edition of our quarterly ACER newsletter.
...more
4/3/2019
/ Antitrust Provisions ,
Bid Rigging ,
CFIUS ,
Economic Development ,
EU ,
Federal Trade Commission (FTC) ,
Foreign Direct Investment ,
Government Shutdown ,
Hold-Separate Remedies ,
Merger Controls ,
No-Poaching ,
Pharmaceutical Patents ,
Public Procurement Policies ,
Regulatory Standards ,
South Africa ,
UK Competition and Markets Authority (CMA)
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