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Extraterritorial Reach of Italian/UK FDI Rules: Are In-Country Sales Sufficient Nexus?

In two recent decisions in the defense and national security sector, the Italian Foreign Direct Investment Authority ("FDI Authority") asserted jurisdiction in connection with two acquisitions of non-Italian companies that...more

European Commission Unveils Plan Aimed at Strengthening Economic Security

The Development: On January 24, 2024, the European Commission ("EC") unveiled a package of five fresh initiatives aimed at strengthening the European Union's ("EU") economic security (the "Package"). This will likely increase...more

Ireland Introduces Foreign Investment Screening Regime

The Development: The Screening of Third Country Transactions Act 2023 (the "STCT Act") was signed into law on October 31, 2023, introducing a new investment screening regime in the Republic of Ireland ("Ireland") with a...more

European Commission Signals Increased Scrutiny in Semiconductors, AI, Quantum Technologies, and Biotechnologies

On October 3, 2023, the European Commission ("Commission") unveiled a list of 10 technology areas qualified as "critical" to the European Union's ("EU") economic security, out of which four (Semiconductors, AI, Quantum...more

Luxembourg Adopts New Foreign Direct Investment Screening Regime

In Short - The Background: Luxembourg has introduced a new foreign direct investment regime with a suspensory mandatory notification requirement in relation to investments in a broad range of sectors....more

ECJ Clarifies Conditions Under Which Member States Can Block Foreign Direct Investments

In Short - The Situation: On July 13, 2023, the European Court of Justice ("ECJ") issued a judgment (Case C-106/22 - Xella) clarifying the conditions under which EU Member States may screen and block foreign direct...more

Belgian Foreign Investment Screening Law Takes Effect

In Short - The Development: The new Belgian foreign direct investment screening law ("FDI Regime") imposes preclosing filing requirements on non-EU investments into various industry sectors in Belgium, including energy,...more

Foreign Direct Investment Screening in the Netherlands: New Regime In Force

In Short - The Development: On 1 June 2023, the Security Screening of Investment, Mergers and Acquisitions Act (Wet Veiligheidstoets investeringen, fusies en overnames) ("the FDI Act") entered into force, introducing a...more

Spain Approves New Foreign Direct Investment Regulation

In Short - The Development: The Spanish government adopted a new foreign direct investment ("FDI") implementing regulation ("Regulation") that clarifies key concepts of the existing law, such as investment, investors, and...more

Dutch Government Plans Retroactive Foreign Investment Screening in View of COVID-19 Crisis

Proposed retroactive application could expose investments made as from June 2, 2020, to ex post scrutiny. On June 2, 2020, the Dutch Government ("Government") announced that it plans to apply a proposed comprehensive...more

United Kingdom Tightens Foreign Direct Investment Controls in Response to the COVID-19 Pandemic

The Situation: The UK Government has expanded the scope of the UK's foreign direct investment ("FDI") screening controls to include businesses responding to the COVID-19 pandemic. In addition, the UK has lowered the...more

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