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 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
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
9/26/2020
/ Blocked Mergers ,
CFIUS ,
China ,
Coronavirus/COVID-19 ,
Cross-Border Transactions ,
Department of Defense (DOD) ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Global Market ,
Healthcare Facilities ,
Mergers ,
National Security ,
Personal Protective Equipment ,
Supply Chain ,
Taiwan ,
Technology Sector
A recent speech1 by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more
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
Four years after the European Commission (“EC”) thwarted Hutchison’s attempt to consolidate the UK mobile telecoms market through its planned acquisition of O2, the General Court yesterday dealt a crushing blow to the...more
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 Federal Ministry for Economic Affairs and Energy further tightened foreign direct investment control, but the investment climate remains liberal -
Pursuant to the German Foreign Trade and Payments Act...more
1/6/2020
/ Critical Infrastructure Sectors ,
Energy Sector ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Germany ,
Inbound Investments ,
Mergers ,
National Security ,
National Security Review Proceedings ,
Technology Sector ,
Threshold Requirements ,
Voting Rights
This Alert provides an update with respect to foreign direct investment ("FDI") regimes in certain key jurisdictions since the Firm's comprehensive FDI Guide, National Security Reviews 2018, was published in November 2018....more
4/29/2019
/ Australia ,
CFIUS ,
China ,
EU ,
European Council ,
Export Control Reform Act (ECRA) ,
Federal Pilot Programs ,
FIRB ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Germany ,
Japan ,
Mergers ,
National Security Review Proceedings ,
U.S. Commerce Department ,
UK ,
United States
The European Commission's increasing reliance on internal documents in EU merger control proceedings places an excessive burden on the notifying parties, but it seems debatable if the practice results in higher-quality...more