The European Court of Justice (“ECJ”) has ruled that Hungary’s foreign investment screening law is incompatible with EU law, in particular the freedom of establishment enshrined in Article 54 TFEU. In striking down a...more
On 1 September, the European Commission (EC) issued its Second Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation along with an EC Staff Working Document (SWD). The Report covers the...more
Governments around the world are tightening their scrutiny of foreign direct investments -
Recent years have seen an upswing in foreign direct investment (FDI) reviews—a trend that has only accelerated sharply since the...more
2/9/2022
/ Acquisitions ,
CFIUS ,
Denmark ,
EU ,
FIRRMA ,
Foreign Investment ,
Investment ,
Investors ,
Mergers ,
Switzerland ,
UK
The Federal Ministry for Economic Affairs and Energy continues to tighten FDI control, but the investment climate remains liberal in principle -
In Germany, the investment climate remains liberal in principle. Nevertheless,...more
Member States are introducing or expanding investment screening regimes, and the European Commission is now playing an active role -
While there is no standalone foreign direct investment (FDI) screening at the EU level, the...more
12/27/2021
/ EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Investors ,
Member State ,
Popular ,
Proposed Regulation ,
Screening Procedures ,
Threshold Requirements
The European Commission (EC) issued its first Annual Report pursuant to Article 5(3) of the Screening Regulation on foreign direct investment (FDI) in the EU on 23 November 2021. The Report provides transparency around the...more
11/29/2021
/ Annual Reports ,
Cross-Border Transactions ,
EU ,
EU Screening Regulation ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Investors ,
Member State ,
Popular ,
Transparency
Foreign direct investment (FDI) reviews have become an increasingly critical issue in cross-border M&A transactions. Although many countries continue to encourage inbound investment, Taiwanese businesses and investors should...more
9/29/2021
/ Acquisitions ,
CFIUS ,
Cross-Border Transactions ,
EU ,
EU Screening Regulation ,
FIRRMA ,
Foreign Corporations ,
Foreign Direct Investment ,
Foreign Investment ,
International Regulatory Standards ,
Investors ,
Mergers ,
Taiwan
The latest amendment of the German FDI rules brings mandatory reviews for 16 additional "critical activities" – but also some welcomed clarifications. The amendment entered into force on May 1, 2021 and is applicable to all...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
The Federal Ministry for Economic Affairs and Energy continues to tighten FDI control, but the investment climate remains liberal in principle -
In Germany, the investment climate remains liberal in principle....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
11/10/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
EU ,
EU Screening Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Member State ,
Merger Controls ,
Mergers ,
National Security ,
National Security Review Proceedings
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
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
6/3/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
EFTA ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Health Care Providers ,
Investment Controls ,
Medical Devices ,
Medical Research ,
National Security ,
National Security Review Proceedings ,
Non-EU Investors ,
Personal Protective Equipment ,
Pharmaceutical Industry ,
Proposed Legislation ,
Vaccinations
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
5/19/2020
/ Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
EFTA ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Health Care Providers ,
Investment Controls ,
National Security ,
National Security Review Proceedings ,
Non-EU Investors ,
Proposed Legislation
On April 28, 2020, the Federal Ministry of Economic Affairs and Energy (BMWi) published a draft for the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes are expected to be effective shortly after...more
On January 31, 2020, the Federal Ministry for Economic Affairs and Energy (BMWi) presented a draft law amending the Foreign Trade and Payments Act (AWG-E) and forwarded it to selected trade associations for their comments....more
2/13/2020
/ Acquisitions ,
Critical Infrastructure Sectors ,
EU ,
EU Screening Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Germany ,
Merger Controls ,
Mergers ,
National Security ,
Proposed Amendments ,
Public Comment ,
Technology Sector ,
Trade Associations
The European Council ("Council") greenlighted the regulation on the screening of foreign direct investments into the EU ("Regulation") at the beginning of March. Following its publication in the Official Journal on 21 March...more
Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more
1/8/2019
/ CFIUS ,
Cooperation ,
Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
New Regulations ,
Reporting Requirements ,
Screening Procedures ,
Technology Sector