The national security and foreign direct investment (“FDI”) review landscape around the world is evolving rapidly. A pre-pandemic trend of active FDI reviews in countries around the world has gained momentum and resulted in...more
The UK has become one of the latest in a line of countries around the world to tighten FDI screening rules in the context of the COVID-19 pandemic. The legislative changes that were passed recently affect the rules in two...more
10/26/2020
/ Artificial Intelligence ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cryptography ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Investment ,
Jurisdictional Thresholds ,
Merger Controls ,
National Security ,
Proposed Legislation ,
Public Health Emergency ,
Public Interest ,
Threshold Requirements ,
UK
Key Takeaways -
The European Commission has adopted a White Paper with proposals for sweeping enforcement powers to address potential distortive effects of foreign subsidies in the EU.
The White Paper suggests that the...more
8/12/2020
/ Anticompetitive Behavior ,
Competition Authorities ,
Compliance ,
Corporate Counsel ,
Enforcement Authority ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Acquisitions ,
Foreign Direct Investment ,
Foreign Subsidies ,
Member State ,
Public Consultations ,
Public Procurement Policies ,
Regulatory Burden ,
Subsidies ,
White Papers
Key Takeaways -
- Foreign Direct Investment (FDI) controls are proliferating around the globe. Since the pandemic, “health” has become a particular focus.
- Several countries have adapted their existing FDI rules, or...more
7/29/2020
/ Australia ,
Austria ,
Biotechnology ,
Canada ,
CFIUS ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Cross-Border Transactions ,
Czech Republic ,
EU ,
European Commission ,
Foreign Acquisitions ,
Foreign Direct Investment ,
France ,
Healthcare Facilities ,
Hungary ,
Italy ,
Japan ,
Medical Devices ,
Member State ,
Mergers ,
New Zealand ,
Pharmaceutical Industry ,
Poland ,
Slovenia ,
Spain ,
Threshold Requirements ,
UK ,
Voting Rights
The EU Foreign Direct Investment Regulation will be in full force from October 11, 2020. We expect it will radically alter the dynamics of foreign investment review in Europe. Any non-EU investor and any EU target company...more
5/18/2020
/ Acquisitions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Subsidiaries ,
Member State ,
Mergers ,
National Security Review Proceedings ,
New Regulations ,
Non-EU Investors ,
UK Brexit
Germany’s cabinet has approved draft legislation designed to tighten the country’s foreign investment control (“FDI”) regime. The draft bill pre-dates the coronavirus crisis but comes amid growing fears that non-EU investors...more
Strong signal that the EU wants to protect its critical businesses and that the European Commission’s “advisory” role under the EU FDI Regulation will be significant .
Key Takeaways -
In response to concerns raised by...more