A recent speech1Â by the European Commission's (the Commission) Commissioner for Competition Margrethe Vestager (the Commissioner), on the 30th anniversary of the EU Merger Regulation (EUMR), praised it as having created "a...more
On 17 June 2020, the European Commission published a White Paper seeking views on three powerful new tools to control the acquisitions and activities of foreign subsidised companies in the EU:1 (i) a general ex post control...more
6/19/2020
/ Acquisitions ,
Antitrust Provisions ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Subsidiaries ,
Merger Controls ,
Mergers ,
Public Consultations ,
Screening Procedures ,
WTO
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
Beware of antitrust rules despite alarming economic threats of the COVID-19 outbreak: no general "crisis" defense; governments grant (few) specific exemptions; further developments to be followed....more
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
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
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
The European Commission's increasing reliance on internal documents in EU merger control proceedings places an excessive burden on the notifying parties, but it seems debatable if the practice results in higher-quality...more
The e-commerce sector inquiry and inconsistent national case law and enforcement practice have illustrated the need for clarifications and/or reform regarding e-commerce restrictions. Even after the ECJ's Coty judgment, a...more
3/5/2019
/ Anti-Competitive ,
Anticompetitive Behavior ,
Antitrust Violations ,
Brick-and-Mortar Stores ,
Coty ,
E-Commerce ,
EU ,
European Commission ,
European Court of Justice (ECJ) ,
Fashion Branding ,
Federal Cartel Office (the FCO) ,
Fines ,
Geo-Blocking ,
Germany ,
Guess ,
Internet Retailers ,
Keyword Advertising ,
Luxury Goods ,
Online Platforms ,
Online Sales Bans ,
Price Comparisons ,
Public Consultations ,
Retail Market ,
Sales & Distribution Agreements ,
Sales Restrictions ,
Selective Distribution Agreements ,
Split of Authority ,
Third-Party Service Provider ,
Treaty on the Functioning of the European Union (TFEU) ,
V-BER (Vertical Block Exemption Regulation) ,
Vertical Restraints
Following completion of the Trilogue process, the three main EU institutions have agreed on a compromise for a new Regulation that gives the EU a largely procedural and coordinating function in connection with foreign direct...more
1/8/2019
/ CFIUS ,
Cooperation ,
Critical Infrastructure Sectors ,
EU ,
European Commission ,
Foreign Direct Investment ,
Foreign Investment ,
Harmonization Rules ,
Member State ,
National Security ,
National Security Review Proceedings ,
New Regulations ,
Reporting Requirements ,
Screening Procedures ,
Technology Sector