During the course of 2023, the screening of foreign direct investment (FDI) continued to be an item at the top of the agenda when planning and executing global M&A transactions, as well as greenfield cross-border investments....more
The EU Commission presented the long-awaited 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...more
After sanctions and anti-money laundering regulations have rapidly and significantly expanded in the wake of Russia’s war against Ukraine, Germany is further racking up its efforts in fighting financial crime more...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 increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more
Coinciding with the anniversary of Russia’s invasion of Ukraine, Germany has demonstrated a tougher stance in the enforcement of the EU sanctions. These actions serve as a stark reminder to companies to bring their export...more
In its Second Annual Report on the screening of foreign direct investment (FDI) into the Union, the EU Commission takes stock of the FDI screening rules at both EU and Member State level. Today, 25 out of 27 Member States...more
For the first time ever, the EU Commission has issued a decision on the relationship between EU merger control law and national FDI screening rules. It found that the Hungarian Government's veto of Vienna Insurance Group's...more
On Monday, 4 April 2022, the German Federal Minister of Economics Robert Habeck announced that his Ministry (Bundesministerium für Wirtschaft und Klimaschutz – BMWK) is appointing the Federal Network Agency (Bundesnetzagentur...more
All good things are worth waiting for? Not in the case of the planned takeover of Munich-based chip supplier Siltronic by its Taiwanese rival GlobalWafers. After more than a year of intense FDI screening, the Federal Ministry...more
On 1 January 2022, Germany renewed its ever tougher FDI rules yet again. The reform expands definitions of so-called critical infrastructures, especially but not only in the areas of IT services and energy. Indirectly, this...more
The Court of Justice of the EU has interpreted for the first time the Blocking Regulation. The ruling confirms that it is possible to terminate contracts with a US designated person without providing reasons. However, in...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
Regulators are becoming increasingly active in imposing measures on deals or prohibiting them altogether under FDI rules – with prohibitions happening in the EU’s largest economies Germany, France, and Italy in the past...more
Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing...more
1/26/2021
/ Artificial Intelligence ,
Corporate Sales Transactions ,
Critical Infrastructure Sectors ,
Cybersecurity ,
EU ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Information Technology ,
Merger Controls ,
Popular
Foreign investment control has become a key factor in M&A deals and 2020 has been an eventful year. A large number of economies have introduced foreign investment control regimes or tightened their existing rules....more
12/4/2020
/ 5G Network ,
Acquisition Agreements ,
Foreign Investment ,
Germany ,
Innovative Technology ,
Merger Agreements ,
Microchip Technology ,
National Security ,
Popular ,
Software ,
Supply Chain
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
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
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
Dutch competition authority imposes fine on company for deleted chat messages during a dawn raid -
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during...more
3/23/2020
/ Antitrust Provisions ,
BSA/AML ,
Competition ,
Competition Authorities ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Monopolization ,
Threshold Requirements
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
Read the latest news on antitrust, competition and economic regulation (ACER) in this Summer's edition of our quarterly ACER newsletter.
...more
10/1/2019
/ Anti-Competitive ,
Antitrust Provisions ,
Antitrust Violations ,
China ,
Competition ,
Competition Authorities ,
Criminal Investigations ,
Department of Justice (DOJ) ,
Digital Markets Strategy ,
Hart-Scott-Rodino Act ,
Indonesia ,
Procurement Guidelines ,
Regulatory Oversight ,
Resale Pricing ,
State Administration for Market Regulation (SAMR) ,
Vietnam
In recent years, several European Union (EU) Member States, as well as the EU itself, have reconsidered their approaches to foreign direct investment (FDI). An increasing number of European jurisdictions have introduced rules...more
8/2/2019
/ Aerospace ,
CFIUS ,
Cross-Border Transactions ,
Defense Sector ,
EU ,
FIRRMA ,
Foreign Investment ,
Member State ,
National Security ,
Regulatory Requirements ,
Screening Procedures ,
Transparency
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
The legislative scrutiny over the export of arms to the Kingdom of Saudi Arabia ("Saudi Arabia") is continuing to increase in Europe, with several member states taking legal steps to restrict their export control licensing...more