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Acquisitions National Security Germany

Orrick, Herrington & Sutcliffe LLP

Part I: #DefenseTech - Navigating Investment Control Regulations for Defense Start-ups in Germany

Defense technology companies in Germany operate in a highly regulated environment that requires careful navigation of various legal requirements. Key regulations include national or EU legislation on handling of...more

Hogan Lovells

Increasing European defence budgets: what are the implications for government contractors and investors?

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At a time of marked geopolitical uncertainty, governments around Europe are committing to meaningful increases in defence spending, whilst also looking to private capital and investment to supplement public funds. This in...more

Alston & Bird

Foreign Direct Investment Screening in Germany in 2024: Key Facts & Figures

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Our European Antitrust Team provides insights into German foreign direct investment (FDI) control in 2024....more

BCLP

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

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At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

McDermott Will & Schulte

Private Markets Update - 2023

Welcome to the inaugural Private Markets Update, which highlights developments in the European private markets, covering the issues that matter to investors in alternative assets. Touching on themes as diverse as predictions...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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Now in its seventh year of annual publication, White & Case's Foreign Direct Investment Reviews provides a comprehensive look into rapidly evolving foreign direct investment (FDI) laws and regulations in approximately 40...more

Hogan Lovells

Regierungsentwurf zur Umsetzung der EU-Umwandlungsrichtlinie

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Die EU-Umwandlungsrichtlinie führt europaweit einheitliche Regelungen ein, die erstmals den grenzüberschreitenden Formwechsel und die grenzüberschreitende Spaltung zulassen und die Regelungen zur grenzüberschreitenden...more

Akin Gump Strauss Hauer & Feld LLP

Germany Further Tightens Rules on Foreign Direct Investment

Key Points - On April 27, 2021, the German government adopted the 17th Regulation for the Amendment of the German Foreign Trade Regulation (Außenwirtschaftsverordnung (AWV)). The regulation, which came into force on May...more

Jones Day

Additional Changes in German Foreign Direct Investment Control

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The 17th amendment to the German Foreign Trade and Payment Ordinance ("AWV") adopted by the federal government on April 27, 2021, included—compared to the original draft—a number of changes relevant to M&A transactions with a...more

White & Case LLP

German government strengthens foreign direct investment (FDI) scrutiny in healthcare sector

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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

White & Case LLP

BMWi plans further tightening of investment control in M&A transactions of foreign investors

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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

Jones Day

Germany Plans New Restrictions For Foreign Investors and Technology Transfers - On November 29, 2019, the German government...

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Over the past few years, Germany has strengthened the AWV regime. In parallel, the relevance of Germany's foreign direct investment control investigations for M&A transactions involving non-EU investors has grown. Even...more

Jones Day

Jones Day Talks: Navigating Foreign Direct Investment in Germany

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Germany has two different sets of rules for the review of foreign direct investments. The relevant ordinance, the Außenwirtschaftsverordnung, or AWV, provides for a sector-specific review process applying to the acquisition,...more

Latham & Watkins LLP

New UK National Security M&A Regime Expected in 2019

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In June 2018, the UK adopted new powers to review certain technology related deals on national security grounds, extending the scope and breadth of its control regime to those that concern computing hardware, or quantum...more

WilmerHale

EU and Germany Move to Further Tighten FDI Screening Process

WilmerHale on

The past two weeks have seen two major developments in relation to the screening of foreign direct investment in the European Union (“EU”) for national security or public order reasons. First, on December 10, 2018, the EU...more

K&L Gates LLP

News Alert FTAPO

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A. From Toothless Tiger to Apex Predator? An Overview of the Effects of the German Investment Control in Accordance with the Foreign Trade and Payments Ordinance - (Außenwirtschaftsverordnung) - Kuka, Aixtron, and Osram Licht...more

Jones Day

Germany Blocks Two Transactions Involving Chinese Investors on National Security Grounds

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The Situation: Germany prevented State Grid Corporation of China ("SGCC") from acquiring a 20 percent minority stake in 50Hertz, one of Germany's four providers of high-voltage transmission systems, as well as the acquisition...more

A&O Shearman

Foreign direct investment screening: Germany is getting tougher with non-European investors

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On 1st of August 2018, the German government issued the first ever (precautionary) order prohibiting the acquisition of a German business by a foreign investor – the Leifeld case....more

Skadden, Arps, Slate, Meagher & Flom LLP

Europe Insights

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

K&L Gates LLP

German National Security Review of M&A Transactions – New Checkpoints for Acquirers from the United States, China, Japan, and...

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With the 9th amendment of the German Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung) (“FTAPO”) adopted on 18 July 2017, the German Federal Government has specified and extended its powers to review and...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 16

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Proskauer Rose LLP

The Rise of Western Protectionism Is Set to Impact Global M&A

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This year has seen a surge in western protectionist sentiment as a number of countries have sought to introduce legislation to tighten their laws on foreign investment and public interest issues. In Europe, the European...more

Latham & Watkins LLP

Can Overseas Bidders Guard Against M&A Risks in An Increasingly Economically Nationalist Europe?

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Growing economic nationalism is threatening to impact M&A across Europe, as governments and regulators take an increasing interest in “foreign” acquisitions of nationally important companies. Deal teams have previously...more

A&O Shearman

Chinese Acquisitions in the EU: The Climate Is Getting Rougher

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In response to a significant increase in acquisitions of companies in the EU by Chinese buyers in recent years, the foreign (i.e., non-EU) investment review legal framework in the EU is currently undergoing a change towards...more

Akin Gump Strauss Hauer & Feld LLP

CFIUS Effectively Blocks German Acquisition of U.S. Technology Company

Cree Inc. (“Cree”), the U.S.-based LED lighting and semiconductor company, announced last month that it is terminating its agreement to sell its Wolfspeed Power & RF division (“Wolfspeed”) to Infineon Technologies AG of...more

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