The UK government introduced into Parliament a wholesale change to its State aid rules under the new Subsidy Control Bill on 30 June 2021 (the “Bill”). The regime, which is set to come into effect in H1 2022, subject to...more
While the U.K. has a mature approach to protecting national security overall, the government lacks effective statutory powers in relation to the ownership and control of businesses and other entities that could be used to...more
1. Summary
The United Kingdom (U.K.) government published the National Security and Investment Bill (“NSI Bill” or “Bill”) on November 11, 2020, the aim of which is to strengthen the government’s powers to scrutinize and...more
- EC extends the Temporary State Aid Framework to allow member states to provide recapitalizations to companies adversely affected by the COVID-19 crisis, including airlines, retailers and firms active in hospitality, leisure...more
The European Commission (EC) on March 25, 2020 issued new guidance on foreign investment screening in response to the COVID-19 emergency (the “Guidance”). The Guidance, which addresses the now 27 EU Member States and relates...more
On February 19, 2020, the European Commission (Commission) published proposals for the regulation of Artificial Intelligence (AI) with potentially far-reaching implications both for users and developers worldwide. The...more
3/11/2020
/ Artificial Intelligence ,
Corporate Counsel ,
EU ,
European Commission ,
Legislative Agendas ,
New Legislation ,
Popular ,
Regulatory Agenda ,
Research and Development ,
Technology Sector ,
White Papers
• The new EU FDI Regulation provides a framework for screening foreign direct investments and will enter into force in mid-April. While China, Russia and other currently high-profile “foreign” countries are not expressly...more
In our July 2017 update in AG Speaking Energy, we highlighted that the Japan Fair Trade Commission (JFTC) concluded in its market study that destination clauses, diversion clauses, profit-sharing clauses and take-or-pay...more
8/2/2018
/ Anti-Monopoly ,
Buyers ,
Destination Restriction Clauses ,
Energy Market ,
Energy Sector ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Export Controls ,
Imports ,
Investigations ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Liquid Natural Gas ,
Oil & Gas ,
Profit Sharing ,
Qatar ,
Resales Agreements ,
Sellers ,
Supply Agreements ,
Take-or-Pay Contracts
• The U.K. Department for Business, Energy and Industrial Strategy published its National Security and Investment White Paper, which proposes a voluntary notification regime and a powerful “call-in” mechanism. The proposal...more
7/26/2018
/ CFIUS ,
Foreign Direct Investment ,
Merger Controls ,
National Security ,
Notification Requirements ,
Sanctions ,
Screening Procedures ,
Security Risk Assessments ,
Triggering Event ,
UK ,
UK Brexit
• JFTC‘s recent market study on clauses in LNG SPAs indicate that agreements may run afoul of Japanese antimonopoly laws.
• EU cases may provide guidance on application of competition law to destination clauses, diversion...more
7/3/2018
/ Anti-Monopoly ,
Buyers ,
Contract Terms ,
Destination Restriction Clauses ,
Energy Market ,
Energy Sector ,
EU ,
European Commission ,
European Economic Area (EEA) ,
Export Controls ,
Imports ,
Investigations ,
Japan ,
Japan Fair Trade Commission (JFTC) ,
Liquid Natural Gas ,
Oil & Gas ,
Profit Sharing ,
Qatar ,
Sellers ,
Supply Agreements ,
Take-or-Pay Contracts
• The Department for Business, Energy and Industrial Strategy published a Green Paper consulting on amendments to UK merger control and public interest intervention legislation to cover gaps in the current framework for...more
• The European Commission has released a set of documents, including a proposal for an ‘FDI Regulation,’ which sets out an EU framework for screening foreign direct investments.
• This proposal would grant the European...more