News & Analysis as of September 18, 2024

Foreign Direct Investment

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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 -

The Evolving Global Foreign Direct Investment and National Security Review Landscape - May 2024

Dechert LLP on 5/14/2024

Key Takeaways - - As FDI regimes proliferate and mature around the globe, governments are taking an ever-more expansive view of the concept of “national security” to include more than military and defense interests, which...more

[Event] 5th Annual European Forum on Global FDI Reviews - June 11th - 12th, Ixelles, Belgium

American Conference Institute (ACI) on 4/10/2024

Hosted by C5 Group, the 5th Annual European Forum on Global FDI Reviews returns for another exciting year with curated programming that provide sessions on the most pressing issues coming across your desk and strategic...more

Foreign Direct Investment: Key Recent and Future Developments in Europe and the US

BCLP on 3/27/2024

At a time of significant geopolitical challenges, many jurisdictions are looking at their investment screening regimes to ensure that they can adequately safeguard national security and public order. Within this context,...more

Foreign direct investment reviews 2023: A global perspective

White & Case LLP on 3/22/2023

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

Germany prohibits sale of two companies to Chinese investors – FDI scrutiny in full swing

White & Case LLP on 11/17/2022

In an unprecedented double-strike, the German government recently blocked two transactions pertaining to Chinese investments in German semiconductor facilities. Just two weeks before, the cabinet had already intervened...more

Germany reforms Critical Infrastructure Ordinance with significant impact on FDI rules

Hogan Lovells on 1/28/2022

On 1 January 2022, Germany renewed its ever tougher FDI rules yet again. The reform expands definitions of so-called critical infrastructures, especially but not only in the areas of IT services and energy. Indirectly, this...more

Foreign direct investment reviews 2021: Germany

White & Case LLP on 12/30/2021

The Federal Ministry for Economic Affairs and Energy continues to tighten FDI control, but the investment climate remains liberal in principle - In Germany, the investment climate remains liberal in principle. Nevertheless,...more

From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime

WilmerHale on 5/14/2021

The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening...more

Germany Further Expands FDI Control Regime

Latham & Watkins LLP on 4/30/2021

The latest amendments build on last year’s reform, extensively expanding the sectors subject to a mandatory review. Key Points: ..The list of sectors in which investment in a German business triggers a notification...more

Broadening the scope further – Draft revision of German FDI rules published for further consultation

White & Case LLP on 2/1/2021

On January 22, 2021, the German Federal Ministry for Economic Affairs and Energy has published the anticipated draft revision of the German Foreign Trade and Payments Ordinance to align the scope of review more closely with...more

MORE, MORE, MORE! German government plans another far-reaching expansion of foreign investment control

Hogan Lovells on 1/26/2021

Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing...more

Germany Further Aligns Foreign Direct Investment Screening Regime with EU Regulation

Morgan Lewis on 11/25/2020

The 16th Amendment to the German Foreign Trade and Payments Ordinance entered into effect on October 28, 2020, the third step in the German government’s efforts to tighten its foreign direct investment review regime in 2020....more

UK Life Sciences and Healthcare Newsletter - August 2020: Foreign Direct Investment (FDI) Control in the United Kingdom

Dechert LLP on 8/22/2020

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 announced last month affect the rules in...more

Better File Than Sorry – Second Set Of German FDI Screening Rules Imposes Strict Penalties, And Still More To Come

Morrison & Foerster LLP on 7/22/2020

The second of three packages of proposed 2020 amendments to the German rules on control over foreign direct investments (FDI), effective on July 17, 2020, brings a scheme of severe civil and criminal penalties and lays the...more

German Foreign Investment Control – Stricter Scrutiny For Non-EU PE Investors In Sensitive Businesses

Morrison & Foerster LLP on 7/17/2020

Effective June 3, 2020, the screening of foreign direct investments (FDIs) has been expanded in Germany with a first tranche of new rules primarily affecting the healthcare sector. This expansion of the FDI control scheme...more

Germany Tightens Foreign Direct Investment Control in Light of COVID-19 Pandemic - COVID-19-related amendment expands the scope of...

Jones Day on 6/2/2020

On May 20, 2020, the German Federal government adopted the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes to the AWV will be effective shortly, after publication in the Federal Gazette. ...more

Germany to Tighten National Foreign Direct Investment Screening Regime in Light of COVID-19

Morgan Lewis on 5/28/2020

A recent amendment to Germany’s foreign direct investment ordinance adds new businesses to the existing catalogue of critical infrastructures—in particular, in the health sector—that will be subject to foreign direct...more

Increasing Scrutiny of Foreign Investments in the German Healthcare Sector

White & Case LLP on 5/19/2020

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

New Boundaries for the Infrastructure M&A sector: German government approves draft regulation aimed at the further tightening of...

Hogan Lovells on 5/7/2020

The overall ongoing trend in major Western economies of tightening Foreign Investment Control is not being overlooked in Europe. As these new measures also particularly affect disposals and acquisitions of German "critical...more

COVID-19: Germany Plans for Significant Increase of Foreign Investment Scrutiny

Latham & Watkins LLP on 5/4/2020

Changes will extend the scope of filing requirements in the healthcare sector and clarify factors for review of foreign investment in German companies. Key Points: ..Acquisitions of at least 10% of German companies that...more

M&A: Draft German Law Gives More Teeth to FDI Controls – Reduces Deal Certainty – Imposes Broader Stand-still Obligations –...

Dorsey & Whitney LLP on 4/24/2020

Draft German investment control rules give the German government broader powers to intervene against M&A deals perceived to affect German (or EU) security or other public interests. New stand-still obligations will limit...more

Industrial policy strikes again: Germany announces further tightening of Foreign Investment Control rules

Hogan Lovells on 2/27/2020

For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more

BMWi plans further tightening of investment control in M&A transactions of foreign investors

White & Case LLP on 2/13/2020

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

Germany’s Foreign Direct Investment Regime: Further Changes Ahead

Akin Gump Strauss Hauer & Feld LLP on 12/16/2019

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

Germany Plans New Restrictions For Foreign Investors and Technology Transfers - On November 29, 2019, the German government...

Jones Day on 12/10/2019

Over the past few years, Germany has strengthened the AWV regime. In parallel, the relevance of Germany's foreign direct investment control investigations for M&A transactions involving non-EU investors has grown. Even...more

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