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
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
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 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
A new European Foreign Direct Investment regulation harmonizing investment controls came into force .
In response to increased foreign direct investments (FDI) into European technology assets and an increased call for the...more
12/31/2019
/ Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Freedom of the Press ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
Reporting Requirements ,
Screening Procedures ,
Sensitive Business Information ,
Supply Chain ,
Technology Sector
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
And when buyers feel unable to conduct enough due diligence, our survey finds that many (44 percent) buyers are unafraid to walk away. The top reason buyers walk away from deals, cited by 67 percent of respondents, is the...more
Despite the opportunities available in the market, the changing face of global politics is exerting an increasing influence over deals. Almost half of respondents (47 percent) point to trade wars and rising protectionism as...more
1/21/2019
/ Acquisitions ,
Antitrust Provisions ,
CFIUS ,
China ,
Cross-Border Transactions ,
Due Diligence ,
EU ,
FIRRMA ,
Foreign Acquisitions ,
Foreign Relations ,
France ,
Germany ,
India ,
Merger Controls ,
Mergers ,
National Security Review Proceedings ,
Political Parties ,
Protectionism ,
Technology Sector ,
Trade Relations ,
UK ,
UK Brexit