The Informed Board Podcast | Will the EU’s Focus on Foreign Subsidies Make It More Difficult To Acquire European Businesses?
Blakes Continuity Podcast: The Moving Landscape of Foreign Investments
Jones Day Talks: Italy Embraces Foreign investment but Maintains Oversight
Jones Day Talks: Oversight of Foreign Direct Investment in the UK
Jones Day Talks: Doing Deals Down Under: Australia's Foreign Direct Investment Regime
Newly effective EU rules impose another layer of review for acquisitions in Europe. They empower the European Commission to investigate whether either the acquirer or target has received non-EU government subsidies that...more
American companies and others outside the European Union (EU) pursuing large M&A transactions and public tenders in the EU’s single market must now comply with a new regulation. Effective July 12, 2023, the Foreign Subsidies...more
The recently enacted EU Foreign Subsidies Regulation (FSR) grants the European Commission investigative powers on foreign subsidies that may distort competition in the EU internal market. The FSR imposes suspensory filing...more
The EU’s new regime for tackling foreign subsidies will kick in on 12 July 2023. On 10 July 2023, the European Commission (Commission) published the final text of the Implementing Regulation (Final IR) on proceedings...more
The regulation of foreign direct investment, or FDI, has been in the spotlight for most of 2022 and will likely remain a key issue for dealmakers and cross-border M&A in 2023. Globally, we continue to see a trend towards...more
Italian government’s so-called "golden powers" of intervention in foreign direct investments involving companies operating in sectors strategic for the national interest were originally introduced by Law Decree No. 21 of 15...more
Die EU-Umwandlungsrichtlinie führt europaweit einheitliche Regelungen ein, die erstmals den grenzüberschreitenden Formwechsel und die grenzüberschreitende Spaltung zulassen und die Regelungen zur grenzüberschreitenden...more
The tightening of controls on foreign direct investment (FDI), on national security or national interest grounds, is having a significant impact on technology transactions – a trend that is only likely to grow....more
Recent political pressure has been pushing toward a specific legal regime for foreign investment in Switzerland. Unlike many other European jurisdictions marked by restrictive conditions for foreign direct investment...more
An increase in megadeals reveals growing dealmaker appetite within Italy’s M&A market - Dealmaking confidence appears to be returning within the Italian M&A market. A total of US$57.4 billion-worth of deals announced in...more
After reinforcing its control over foreign direct investments over the past year, the European Commission adopted on 5 May 2021 a draft regulation that aims to close a regulatory loophole by addressing distortions of...more
On 5 May 2021, the European Commission (EC) published a draft Regulation aimed at remedying distortions in the EU single market caused by companies receiving subsidies from non-EU entities. ...more
On January 22, 2021, the German Federal Ministry for Economic Affairs and Energy has published the anticipated draft revision of the German Foreign Trade and Payments Ordinance to align the scope of review more closely with...more
In November 2020, the UK Government introduced the National Security and Investment Bill (the "Bill"). Subject to the passing through UK Parliament, the Bill is expected to become law in early 2021, ushering in a Committee on...more
Increased awareness of safety concerns related to foreign direct investments has prompted a ramp-up toward the implementation of a general FDI screening regulation - As of this writing, Sweden does not have a general FDI...more
In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at...more
Deals are generally not blocked in Finland, and are reviewed mostly when in the defense and dual-use sectors - The Finnish government views foreign ownership positively as a catalyst for increasing internationalization...more
Already burgeoning, foreign direct investment regulations worldwide are bulking up still more in response to emerging threats. Over the past few years, countries around the globe have started to either implement or ratchet...more
For many years, the European Commission (the Commission) has been the global leader in applying antitrust law to the technology sector. This year is no exception. Indeed, there have been a number of new European enforcement...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
In recent months, European states have raced to implement protections against opportunistic acquisitions of key local businesses by foreign buyers amid the economic disruption caused by the spread of COVID-19. ...more
The UK Parliament’s Foreign Affairs Committee has issued a “call for evidence” as part of its ongoing review of the UK government’s role in intervening in certain foreign takeovers of UK companies and potentially blocking...more
On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. ...more
Prior to the outbreak of the COVID-19 pandemic, there had been a growing and global trend of established Western economies increasingly scrutinising foreign investment in key sectors. FDI restrictions have been on the...more
The COVID-19 pandemic has changed most governments' views on the strategic relevance of the domestic healthcare sectors across the globe. Although the European Commission, and also the German government, have re-emphasized...more