News & Analysis as of

Enterprise Act 2002 National Security

Holland & Knight LLP

UK's National Security and Investment Act Takes Effect

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For more than two decades, the United Kingdom's (U.K.) foreign direct investment regime remained fairly untouched. Then, in mid-2021, amidst pressure from its allies, particularly the United States, the U.K. overhauled and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Still Open for Business: Navigating the UK’s New National Security and Investment Regime

Three Key Takeaways - There was, and remains, strong parliamentary consensus for reform to the UK’s foreign investment screening laws, stemming from sharpening geopolitical and strategic threats and the growing national...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Government Provides Greater Clarity on New National Security Screening Rules

On 2 March 2021, the UK government published its response to a consultation on the sectors of the economy which are to be subject to mandatory notification under the new inward investment regime to be introduced by the...more

White & Case LLP

UK outlines its plans for wide-ranging new investment review powers

White & Case LLP on

The UK has published a draft of its new National Security and Investment Bill, together with explanatory notes, heralding the introduction of a new regime for reviewing investments in the UK. The new regime would introduce,...more

White & Case LLP

5 things you need to know about…new investment controls in the UK

White & Case LLP on

On 11 November 2020, the government announced the details of its proposals for national security-based review of investments in the UK, in the form of the National Security and Investment Bill ("NSIB"). Protectionism is a...more

Morrison & Foerster LLP

Foreign Direct Investment: UK Government Publishes National Security & Investment Bill

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On 11 November 2020, the UK Government (the “Government”) published the draft National Security and Investment Bill (the “Bill”), heralding the dawn of a new era through the proposed introduction of the UK’s first standalone...more

Pillsbury Winthrop Shaw Pittman LLP

The UK Proposes New CFIUS-Style National Security and Investment Bill

The UK government has introduced proposals for extensive new rules and review powers governing foreign direct investment across the UK’s critical infrastructure and defence industries. The new regime will introduce tougher...more

Proskauer Rose LLP

CFIUS-UK? UK Government Announces New Foreign Investment Measures

Proskauer Rose LLP on

On 11 November 2020, the UK Government announced its long-awaited and far-reaching proposed reforms to its existing powers to scrutinise foreign investment in the UK, especially in relation to sectors deemed to be...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Government Introduces New Regime for Screening Foreign Direct Investment

The UK government’s long-awaited National Security and Investment Bill (the Bill), which paves the way to significant changes in the UK’s regime for screening foreign investment, was laid before Parliament on 11 November...more

Akin Gump Strauss Hauer & Feld LLP

Protecting the Crown Jewels: U.K. Introduces Expansive National Security & Investment Bill

1. Summary The United Kingdom (U.K.) government published the National Security and Investment Bill (“NSI Bill” or “Bill”) on November 11, 2020, the aim of which is to strengthen the government’s powers to scrutinize and...more

K&L Gates LLP

UK Bill Expands Scope for Foreign Investment Intervention

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On 11 November 2020, the UK government announced the long-awaited and wide ranging reforms to the regulation and scrutiny of foreign direct investment. Introducing a mandatory notification system for affected transactions,...more

White & Case LLP

UK outlines its plans for wide-ranging new foreign investment review powers

White & Case LLP on

The UK has outlined the details of its new National Security and Investment Bill, heralding the introduction of a new regime for foreign direct investments in the UK. The new regime would introduce, for the first time, a...more

BCLP

New UK Government powers to scrutinise M&A deals on public health and national security grounds

BCLP on

On 21 June 2020, the UK Government announced that it is introducing emergency legislation that will bolster its powers to scrutinise, and potentially block, foreign takeovers on new public interest grounds, namely: ..to...more

White & Case LLP

UK ushers in new foreign takeover restrictions for Coronavirus-critical businesses and national security activities

White & Case LLP on

The UK government has tabled changes to the Enterprise Act 2002 to expand the circumstances in which the government will be empowered to review foreign takeovers of UK companies. The new rules will allow the government to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Crisis Prompts European Countries To Step Up Protections Against Foreign M&A

The coronavirus pandemic has weakened European economies and companies. EU and national governments have expressed concern that foreign investors may opportunistically take advantage of the crisis to acquire domestic...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Skadden, Arps, Slate, Meagher & Flom LLP

Conservative Party Win Paves Way for Reforms to UK National Security Reviews

The Conservative Party’s conclusive win in the U.K.’s recent general election paves the way for long-anticipated and decisive reforms to the country’s national security screening regime. The government first outlined its...more

White & Case LLP

Foreign direct investment reviews 2019: A global perspective - United Kingdom

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National security interventions have largely been confined to defense-related transactions - Since mid-2018, there have been a number of important changes (actual and proposed) to legislation permitting intervention by...more

White & Case LLP

Huawei espionage concerns reach UK

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The UK 5G debate is emblematic of protectionist sentiments in the technology sector. Huawei and the technology cold war - Huawei Technologies Co., Ltd. is a modern Chinese success story. A pioneer in the telecommunication...more

BCLP

A UK CFIUS Regime? White Paper Consultation on National Security & Infrastructure Investment Review

BCLP on

The UK currently uses the Enterprise Act 2002 to review mergers on national security and other public interest grounds alongside the competition regime. Following the Chinese investment in the Hinckley Nuclear power...more

Latham & Watkins LLP

UK Adopts New Powers To Investigate Smaller Transactions Raising National Security Concerns

Latham & Watkins LLP on

The expansion of the UK government’s foreign investment review powers will require additional scrutiny of potential deals for the early identification of additional steps in the regulatory approval strategy. Key Points: ...more

BCLP

Greater National Security Scrutiny At The Heart Of New UK Merger Control Reforms

BCLP on

This week the UK Government enacted two new orders which change the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition & Markets Authority (“CMA”) and the...more

Orrick, Herrington & Sutcliffe LLP

CMA Launches Consultation Concerning Changes To Its Jurisdiction Over M&A In The Tech Sector

The UK government considers that transactions in the following sectors can raise national security concerns: 1. quantum technology; 2. computing hardware; and 3. the development or production of items for military...more

Jones Day

UK Government to Reform M&A Rules to Protect National Security

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The Situation: The UK government is introducing new protectionist measures concerning acquisitions of businesses operating in the United Kingdom. The Impact: The government intends to expand the scope of acquisition...more

A&O Shearman

UK mergers regime - Government prioritising national security

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On 17 October 2017 the UK Government published a Green Paper heralding reform of national security and infrastructure investment review in the UK (the Green Paper). Specifically, the Government is seeking to strengthen...more

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