Germany Adopts New Sweeping Revision of FDI Control Regime

Latham & Watkins LLP

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 information exchanges and provide for significant fines and criminal sanctions.

..The substantive test (theory of harm) is lowered. Even minority investments can be restricted if public order or security is likely to be affected as a result of the acquisition.

..New filing requirements for transactions in the areas of artificial intelligence, robotics, semiconductors, biotechnology, and quantum technology will be implemented by October 2020.

Please see full Alert below for more information.

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