News & Analysis as of

Member State Foreign Investment Investors

White & Case LLP

EU Commission Recommends Review of Outbound Investments in Advanced Semiconductors, AI, and Quantum Technologies

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On 15 January the European Commission (“EC”) took its latest (prudent) step towards an outbound investment screening regime, with the publication of its ‘Recommendation on reviewing outbound investments in technology areas...more

White & Case LLP

The EU Commission releases its Fourth Annual FDI report showing continuity and heightened FDI regulation in the EU27

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On 17 October, the European Commission (EC) issued its Fourth Annual Report under Article 5(4) of the Foreign Direct Investments (FDI) Screening Regulation (the Regulation) along with an EC Staff Working Document (SWD). The...more

White & Case LLP

European Commission proposes measures to up the ante on EU FDI screening

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Foreign direct investment ("FDI") screening was one of the major topics of 2023 as a myriad of new regimes joined the FDI club and its more seasoned members continue to strengthen scope and enforcement, with the impacts felt...more

A&O Shearman

Draft EU Foreign Investment Screening Regulation sets out more comprehensive screening regime

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On 24 January 2024, the European Commission (EC) published its proposed reform of foreign investment screening in the EU. The proposal introduces more comprehensive rules for the review of foreign investments and strengthens...more

A&O Shearman

Third annual report on EU foreign investment reveals a significant increase in formal screenings

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The European Commission (EC)’s third annual report on EU foreign direct investment (FDI) screening covers the operation of the screening mechanism in 2022. Together with a Commission Staff Working Document, it details...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

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France issues new guidelines on the screening of foreign direct investments: an example to be followed in other EU Member States

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In September, the French Directorate-General of the Treasury published new guidelines on the screening of foreign direct investments (FDI) in France (the "Guidelines"). Highly anticipated, the Guidelines were issued following...more

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The EU Releases its Second Annual FDI report showing increased momentum in FDI regulation and screening in the EU27

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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

White & Case LLP

Foreign direct investment reviews 2021: European Union

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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

White & Case LLP

European Commission Releases First Annual Report on FDI Screening in the EU

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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

A&O Shearman

Republic of Poland v PL Holdings SÀRL: CJEU Further Undermines Intra-EU Investment Protections

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On 26 October 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) handed down its judgment in Republic of Poland v. PL Holdings Sàrl. The CJEU ruled that EU Member States are prohibited from entering...more

K&L Gates LLP

Evaluating Foreign Investment in RCEP Member States from a Dispute Resolution Perspective

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This is the third alert in a four-part series on the Regional Comprehensive Economic Partnership (RCEP). Check out our first and second alerts. The recent signing of the RCEP in November 2020 has been heralded as a “historic...more

Latham & Watkins LLP

COVID-19: Deutschland plant erhebliche Ausweitung der Investitionskontrolle

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Die Änderungen der Außenwirtschaftsverordnung erweitern die Anmeldepflichten im Gesundheitssektor und stellen die Kriterien zur Überprüfung von Auslandsinvestitionen klar. Zusammenfassung: ..Beteiligungen von mindestens...more

Akin Gump Strauss Hauer & Feld LLP

Germany’s Foreign Direct Investment Regime: Further Changes Ahead

On November 29, 2018, the German Minister for Economic Affairs, Peter Altmaier, presented its “National Industry Strategy 2030.” Amongst other things, the strategy paper sets out the key points of the Minister’s plans to...more

Akin Gump Strauss Hauer & Feld LLP

Recent ECT Claims - Impact for Energy Investors and Governments

The last few weeks have seen a raft of new investor-state arbitrations under the Energy Charter Treaty (ECT), including the first known investor-state claim against the European Union (EU) itself. These claims largely arise...more

Jones Day

Screening of Foreign Direct Investments in the EU Under the New FDI Regulation

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On 21 March 2019, Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union ("FDI Regulation") was...more

White & Case LLP

Update: New EU Foreign Direct Investment Regulation goes live

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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

Akin Gump Strauss Hauer & Feld LLP

Germany Tightens Rules on Foreign Direct Investment

• On 19 December 2018, the German government adopted the 12th regulation for the amendment of the German Foreign Trade Regulation. The amendment, which came into force on 29 December 2018, expands the ability of the German...more

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