News & Analysis as of September 18, 2024

European Union › Foreign Subsidiaries

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

EU Introduces “Best Efforts” Requirement for Non-EU Subsidiaries Not to Undermine EU Sanctions Against Russia

Latham & Watkins LLP on 8/12/2024

The EU’s 14th “package” of sanctions against Russia introduces anti-circumvention measures targeting the non-EU subsidiaries of EU entities and creates new restrictions, including on LNG. This Client Alert is published in...more

EU Targets Foreign Subsidiaries in New Sanctions Packages

Jones Day on 8/9/2024

The European Union's latest sanctions packages in relation to Russia and Belarus impose novel obligations on EU companies with respect to their foreign subsidiaries' operations....more

The EC sheds light on the key concept of distortion under the EU Foreign Subsidies Regulation

White & Case LLP on 8/2/2024

The European Commission (EC) has issued preliminary clarifications concerning the distortion test under the new Foreign Subsidies Regulation (FSR). These preliminary clarifications come only a year after the FSR came into...more

EU Foreign Subsidies Regulation increases M&A risk

A&O Shearman on 2/29/2024

The EU Foreign Subsidies Regulation (FSR) took effect in July 2023. It aims to regulate subsidies granted by non-EU countries to ensure that they do not distort competition in the EU internal market. For dealmakers, it is...more

Review of below-threshold mergers creates uncertainty

A&O Shearman on 2/28/2024

Antitrust authorities continue to use powers to review deals that fall below merger control filing thresholds. For merging parties this means uncertainty. It is crucial that the possibility of review – including a...more

European Enforcement Guide

Alston & Bird on 2/5/2024

In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...more

International News: Spotlight on Foreign Investment

McDermott Will & Emery on 12/20/2023

In this dynamic global landscape, investors have always been required to make savvy, smart choices. This requires navigating through the intricate web of bilateral treaty protection, exploring the vital role these agreements...more

The EU Foreign Subsidies Regulation: New Rules for All Companies Active in the EU

Sheppard Mullin Richter & Hampton LLP on 8/3/2023

On 12 July 2023, the new EU Foreign Subsidies Regulation (“FSR”) started applying to all non-EU and EU companies and all sectors of the economy. FSR filled a regulatory gap which existed since 1958. The European Commission...more

International Trade Implications of Recent Russian Asset Seizures for Companies Operating in Russia

Foley Hoag LLP on 7/25/2023

On July 16, 2023, Russian President Vladimir Putin signed a decree seizing control of the Russian subsidiaries of the French food-products company, Danone S.A., and Danish brewer, Carlsberg A/S, claiming the assets were being...more

Five Things Funds need to know about the Foreign Subsidies Regulation

White & Case LLP on 7/21/2023

The EU Foreign Subsidies Regulation took effect on 12 July 2023 to much fanfare. We take a look at the top five things PE funds need to know when considering acquisitions with a European footprint. The Foreign Subsidies...more

EU Foreign Subsidies Regulation Goes Live: Key Implications for M&A Transactions

Skadden, Arps, Slate, Meagher & Flom LLP on 7/18/2023

On 12 July 2023, the EU’s Foreign Subsidies Regulation (FSR) entered into force. The FSR allows the European Commission (EC) to investigate and remedy subsidies received from non-EU countries that distort the EU internal...more

Doing business in Italy 2023

Hogan Lovells on 5/30/2023

This booklet has been written specifically for business individuals and whilst it may be of interest to their local advisers, such as lawyers or accountants, the information is intended for a wider audience. We cover topics...more

New subsidies control

White & Case LLP on 2/24/2023

The EU's long-awaited Foreign Subsidies Regulation (FSR) will come into full effect by mid-2023. The FSR is expected to have a major impact on companies that have received financial contributions from non-EU countries and...more

Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

Hogan Lovells on 1/13/2023

The new EU Foreign Subsidies Regulation, which appears to mirror the substantive EU State aid principles set out in Article 107 (1) of the Treaty on the Functioning of the European Union (“TFEU”) and entered into force on 12...more

Congress Increases U.S. Merger Filing Fees, Adds Foreign Subsidy Disclosure Requirements, and Empowers State Attorneys General

Vinson & Elkins LLP on 1/10/2023

Hart-Scott-Rodino (“HSR”) Act (“HSR Act”) fees are changing, and the HSR process is also changing with the inclusion of new filing tiers, one less expensive tier, several much more expensive tiers, and new state-level and...more

EU Foreign Subsidies Regulation Enters into Force in 2023

McDermott Will & Emery on 1/5/2023

On December 23, 2022, Regulation (EU) 2022/2560 of December 14, 2022 on foreign subsidies distorting the internal market (FSR) was published in the Official Journal of the European Union. The FSR introduces a new regulatory...more

Antitrust M&A Snapshot | Q3 2022

McDermott Will & Emery on 11/18/2022

Litigation Losses Pile Up for DOJ and FTC - The US Department of Justice (DOJ) and the Federal Trade Commission (FTC) lost four merger challenges (Illumina/GRAIL, UnitedHealth/Change Healthcare, U.S. Sugar/Imperial Sugar and...more

German Court Rules EU Subsidiaries of US Cloud Providers Can Provide IT Services in European Union

Morgan Lewis - Tech & Sourcing on 9/16/2022

The German Higher Regional Court of Karlsruhe (OLG Karlsruhe) recently repealed the July 13, 2022, decision of the Procurement Chamber of the German state of Baden-Württemberg that had argued that the mere risk of access to...more

Update: European Subsidiaries of U.S. Cloud Providers Can Offer IT Services in the EU

Orrick, Herrington & Sutcliffe LLP on 9/15/2022

The decision of the Procurement Chamber of Baden-Württemberg was annulled by the Higher Regional Court of Karlsruhe in its legally binding decision on September 9, 2022. In contrast to the approach chosen by the Procurement...more

EU Proposes to Regulate Companies That Receive Foreign Governments Support – How Will This Affect Foreign and Israeli Companies?

Barnea Jaffa Lande & Co. on 8/9/2022

On July 13, 2022, the European Parliament and the European Council agreed on a new regulation concerning “foreign subsidiaries that distort the European market.” Their agreement is the final stage prior to voting on the...more

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European Union › Foreign Subsidiaries

EU Introduces “Best Efforts” Requirement for Non-EU Subsidiaries Not to Undermine EU Sanctions Against Russia

EU Targets Foreign Subsidiaries in New Sanctions Packages

The EC sheds light on the key concept of distortion under the EU Foreign Subsidies Regulation

EU Foreign Subsidies Regulation increases M&A risk

Review of below-threshold mergers creates uncertainty

European Enforcement Guide

International News: Spotlight on Foreign Investment

The EU Foreign Subsidies Regulation: New Rules for All Companies Active in the EU

International Trade Implications of Recent Russian Asset Seizures for Companies Operating in Russia

Five Things Funds need to know about the Foreign Subsidies Regulation

EU Foreign Subsidies Regulation Goes Live: Key Implications for M&A Transactions

Doing business in Italy 2023

New subsidies control

Foreign Subsidies under EU scrutiny: a revolution that will impact foreign undertakings active in the EU

Congress Increases U.S. Merger Filing Fees, Adds Foreign Subsidy Disclosure Requirements, and Empowers State Attorneys General

EU Foreign Subsidies Regulation Enters into Force in 2023

Antitrust M&A Snapshot | Q3 2022

German Court Rules EU Subsidiaries of US Cloud Providers Can Provide IT Services in European Union

Update: European Subsidiaries of U.S. Cloud Providers Can Offer IT Services in the EU

EU Proposes to Regulate Companies That Receive Foreign Governments Support – How Will This Affect Foreign and Israeli Companies?

Virtuelle Beurkundung: GmbH-Gründung in Zukunft aus dem Homeoffice?

EU Foreign Subsidies Regulation to Impact EU and Cross-Border M&A Antitrust Review Starting in 2023

German Federal Network Agency takes over Gazprom Germania as trustee under foreign trade law

Foreign direct investment reviews 2021: European Union

Impact of the new Spanish CFC rules on controlled foreign holding companies

European Union › Foreign Subsidiaries

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