On 28 December 2023, the French government adopted decree number 2023-1293 (Decree), together with an administrative order of the same date (Order), that expanded the scope of covered investments and covered activities under...more
On September 8, 2022, the French Ministry of the Economy’s (MOE) General Treasury Department published its first set of guidelines on French foreign direct investment (FDI) control....more
Takeaways -
Since 2018, the U.S. and several other countries have revised or installed national security-related screening of foreign direct investments.
Many jurisdictions now require filings for investments in the...more
Le 25 novembre 2020, la Cour de cassation a opéré un revirement de jurisprudence important pour la pratique des affaires, en décidant que la responsabilité pénale d’une société absorbée, de nature à donner lieu à une peine...more
On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers...more
7/29/2020
/ Coronavirus/COVID-19 ,
Covered Transactions ,
Foreign Acquisitions ,
Foreign Investment ,
France ,
Interim Rule ,
Non-EEA Firms ,
Non-EU Investors ,
Publicly-Traded Companies ,
Temporary Regulations ,
Threshold Requirements ,
Voting Shares
On April 29, 2020, the French Minister of the Economy (the Minister) announced that French foreign investment rules will be adopted with the policy goal of protecting French strategic assets in the context of the COVID-19...more
5/5/2020
/ Acquisitions ,
Artificial Intelligence ,
Biotechnology ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Energy Sector ,
European Economic Area (EEA) ,
Foreign Investment ,
France ,
Innovative Technology ,
Merger Controls ,
Mergers ,
National Security ,
Non-EU Investors ,
Publicly-Traded Companies ,
Threshold Requirements
On December 31, 2019, the French government issued decree nº 2019-1590 (the 2019 Decree), together with an administrative order of the same date (the Order), that comprehensively reshaped French foreign investment rules (as...more
The geopolitical environment continues to drive reform of foreign investment rules in Europe, with government proposals clarifying and tightening such rules in the interest of national security. Recent foreign state-backed...more
1/18/2019
/ Anti-Monopoly ,
CFIUS ,
Critical Infrastructure Sectors ,
EU ,
European Economic Area (EEA) ,
Foreign Acquisitions ,
Foreign Investment ,
France ,
Germany ,
Member State ,
Merger Controls ,
National Security ,
Russia ,
State-Owned Enterprises ,
Strategic Enterprise Laws ,
UK
In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European...more
In large part as a response to China’s national industrial goals and subsequent Chinese acquisitions of U.S. and European companies that are technology leaders in key industries, the U.S. government and a number of European...more
Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more
1/26/2018
/ Acquisitions ,
Anti-Corruption ,
Antitrust Injuries ,
BaFin ,
Capital Markets ,
Cartels ,
Competition ,
Criminal Prosecution ,
Cybersecurity ,
Deferred Prosecution Agreements ,
EU ,
EU Market Abuse Regulation (EU MAR) ,
European Commission ,
Executive Compensation ,
Foreign Investment ,
France ,
Fraud ,
Germany ,
Merger Controls ,
Mergers ,
Minority Shareholders ,
Money Laundering ,
National Security ,
Private Equity ,
Russia ,
Sapin II ,
Securities ,
Serious Fraud Office (SFO) ,
Shareholder Activism ,
Shareholder Votes ,
Takeover Code ,
Trump Administration ,
UK ,
UK Bribery Act ,
UK Criminal Finances Act 2017 ,
Virtual Currency ,
White Collar Crimes
Katja Kaulamo (Frankfurt, capital markets): With structural and political change in Europe in 2017, the European capital markets industry was left in a state of uncertainty pending the final outcome of the Brexit...more
1/26/2018
/ Acquisitions ,
Capital Markets ,
EU ,
European Banking Authority (EBA) ,
European Securities and Markets Authority (ESMA) ,
Financial Services Industry ,
Foreign Investment ,
France ,
Germany ,
Mergers ,
Multinationals ,
Private Equity ,
UK ,
UK Brexit
Skadden attorneys James A. McDonald, Elizabeth Robertson and Robert W. Stirling in London; Pascal Bine and Olivier Diaz in Paris; and Matthias Horbach and Stephan Hutter in Frankfurt provide insights on the developments...more
2/1/2017
/ Acquisitions ,
Bank Recovery and Resolution Directive (BRRD) ,
Capital Markets ,
China ,
Cross-Border Transactions ,
Customs Unions ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
EU ,
EU Single Market ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
France ,
Germany ,
Global Economy ,
Global Market ,
Mergers ,
Passporting ,
Presidential Elections ,
Sapin II ,
Serious Fraud Office (SFO) ,
Trade Agreements ,
Trump Administration ,
UK ,
UK Brexit ,
UK Bribery Act
On May 15, 2014, the French government published a decree extending its veto rights over foreign investments in French strategic sectors (the New Decree). The New Decree has been dubbed the “Alstom Decree” by the media, as it...more