News & Analysis as of

Foreign Direct Investment Germany Critical Infrastructure Sectors

Dechert LLP

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

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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

American Conference Institute (ACI)

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

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

McDermott Will & Emery

The Concept of Gun Jumping under German Foreign Investment Control | Practical Guidance in Ongoing FDI Proceedings

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Under the German FDI regime, the competent ministry (BMWK) may review foreign investments in domestic target companies above certain thresholds. The legislator has introduced an increasing number of notification obligations...more

BCLP

FDI Regulation in the US, UK, France & Germany

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The regulation of foreign direct investment (“FDI”) has become an increasingly important feature of the regulatory landscape for investors. Globally, there is a trend towards greater FDI restrictions although the degree and...more

White & Case LLP

Foreign direct investment reviews 2023: A global perspective

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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

Hogan Lovells

German FDI regulator spoils GlobalWafers' €4.35 billion Siltronic deal

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All good things are worth waiting for? Not in the case of the planned takeover of Munich-based chip supplier Siltronic by its Taiwanese rival GlobalWafers. After more than a year of intense FDI screening, the Federal Ministry...more

Morgan Lewis

FDI Screening Alert: Germany Broadens Definition of ‘Critical Infrastructures’

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The second amendment of the Ordinance on the Designation of Critical Infrastructures under the BSI Act entered into effect on January 1, 2022. Such amendment broadens the definition of “critical infrastructures,” which are of...more

Hogan Lovells

Germany reforms Critical Infrastructure Ordinance with significant impact on FDI rules

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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

WilmerHale

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

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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

Akin Gump Strauss Hauer & Feld LLP

Germany Further Tightens Rules on Foreign Direct Investment

Key Points - On April 27, 2021, the German government adopted the 17th Regulation for the Amendment of the German Foreign Trade Regulation (Außenwirtschaftsverordnung (AWV)). The regulation, which came into force on May...more

A&O Shearman

Mixed picture: Germany clarifies its FDI regime in view of high-tech and further sensitive companies

A&O Shearman on

On 1 May 2021, the latest amendment of the German Foreign Direct Investment (FDI) regime entered into force, following a decision of the German government as of 27 April 2021. ...more

Hogan Lovells

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

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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

Morgan Lewis

Germany Further Aligns Foreign Direct Investment Screening Regime with EU Regulation

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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

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Germany

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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....more

Morgan Lewis

Germany Further Tightens Its National Foreign Direct Investment Screening Regime

Morgan Lewis on

The updated German Foreign Trade and Payments Act enters into effect on July 17 and is the second of three major steps planned for 2020 to reform Germany’s foreign direct investment regime....more

Morrison & Foerster LLP

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

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

Morrison & Foerster LLP

First Set Of Stricter German FDI Screening Rules Take Effect – More To Come Soon In Germany And Across The EU

EXECUTIVE SUMMARY- Effective June 3, 2020, the screening of foreign direct investments (FDI) has been expanded in Germany, with a first tranche of new rules primarily affecting the healthcare sector. Drivers for the...more

White & Case LLP

Increasing Scrutiny of Foreign Investments in the German Healthcare Sector

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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

White & Case LLP

Increasing Scrutiny of Foreign Investments in the German Healthcare Sector

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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

Hogan Lovells

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

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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

White & Case LLP

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

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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

White & Case LLP

Foreign direct investment reviews 2019: A global perspective: Germany

White & Case LLP on

The Federal Ministry for Economic Affairs and Energy further tightened foreign direct investment control, but the investment climate remains liberal - Pursuant to the German Foreign Trade and Payments Act...more

Akin Gump Strauss Hauer & Feld LLP

Germany’s Foreign Direct Investment Regime: Further Changes Ahead

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

Jones Day

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

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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

McDermott Will & Emery

Deutsche Industriepolitik: Beschränkung der Eigentumsfreiheit unter dem Deckmantel der „Technologischen Souveränität“?

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Am 29. November 2019 hat Bundeswirtschaftsminister Peter Altmaier mit seiner überabeiteten „Industriestrategie 2030“ seine angedachten Leitlinien für die zukünftige deutsche und europäische Industriepolitik der Öffentlichkeit...more

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