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Merger Controls National Security Acquisitions

Mayer Brown

The Year in Review: UK Foreign Direct Investments Regime in the Spotlight

Mayer Brown on

On 10 September 2024, the UK Government published its third Annual Report on the operation of the National Security and Investment Act 2021 (NSIA). Covering the period from 1 April 2023 to 31 March 2024, the report gives a...more

A&O Shearman

National Security Division Announces New Self-Disclosure Policy in M&A Transactions

A&O Shearman on

The National Security Division (NSD) of the Department of Justice announced a new self-disclosure policy on March 7, 2024 (M&A Policy) that impacts corporations, private equity firms, and venture capital firms and their...more

American Conference Institute (ACI)

[Event] 4th European Forum on FDI Reviews and CFIUS - June 7th - 8th, London, United Kingdom

Hosted by C5, the 4th European Forum on FDI Reviews and CFIUS returns for another exciting year with curated programming that will help you navigate emerging complex National Security Reviews across the UK and EU....more

Hogan Lovells

Foreign Direct Investment (FDI) – Global Legal Guide

Hogan Lovells on

The increasing number and complexity of foreign direct investment (FDI) screening regimes requires careful navigation when planning and executing global M&A transactions, as well as greenfield cross-border investments. In...more

Hogan Lovells

Italian Government’s "golden powers" of intervention in FDI now allows pre-filing of transactions

Hogan Lovells on

Italian government’s so-called "golden powers" of intervention in foreign direct investments involving companies operating in sectors strategic for the national interest were originally introduced by Law Decree No. 21 of 15...more

Hogan Lovells

Regierungsentwurf zur Umsetzung der EU-Umwandlungsrichtlinie

Hogan Lovells on

Die EU-Umwandlungsrichtlinie führt europaweit einheitliche Regelungen ein, die erstmals den grenzüberschreitenden Formwechsel und die grenzüberschreitende Spaltung zulassen und die Regelungen zur grenzüberschreitenden...more

BCLP

National Security and Investment Act 2021 - UK Government Publishes Its First Annual Report

BCLP on

On 16 June 2022, the UK’s Department for Business, Energy & Industrial Strategy (“BEIS”) published its first annual report into the performance of the National Security and Investment Act (“NSIA”) regime. The report - which...more

White & Case LLP

Policy shifts may signal a new chapter in the story of globalization

White & Case LLP on

Globalization may be evolving, as nations and regions reassert their regulatory powers on a wide range of issues including trade, competition and national security. The economic lessons of COVID-19 and growing concerns about...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Public M&A Update — H1 2021

In this update, we consider key statistics, trends, developments and highlights regarding U.K. public M&A transactions governed by the U.K. City Code on Takeovers and Mergers (the Takeover Code) that were announced during the...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

Dorsey & Whitney LLP

UK To Adopt New Powers Over M&A Activity To Protect National Security

Dorsey & Whitney LLP on

Draft legislation, which is currently being debated in the UK Parliament, will introduce a new regime granting the UK Secretary of State robust powers to review, vary or block acquisitions which may pose a risk to the...more

BCLP

Highly impactful - UK National Security & Investment Bill introduces mandatory Government review of a wide range of transactions

BCLP on

On 11 November, the UK Government introduced to Parliament the long-awaited National Security and Investment Bill. The Bill, which is expected to be enacted in Spring 2021, is a transformative event for investors in UK...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - European Union

White & Case LLP on

In a regime undergoing rapid change, investment screening is currently "light," with red tape increasing for European inbound investment - While there is still no standalone foreign direct investment (FDI) screening at...more

BCLP

New UK Government powers to scrutinise M&A deals on public health and national security grounds

BCLP on

On 21 June 2020, the UK Government announced that it is introducing emergency legislation that will bolster its powers to scrutinise, and potentially block, foreign takeovers on new public interest grounds, namely: ..to...more

White & Case LLP

UK ushers in new foreign takeover restrictions for Coronavirus-critical businesses and national security activities

White & Case LLP on

The UK government has tabled changes to the Enterprise Act 2002 to expand the circumstances in which the government will be empowered to review foreign takeovers of UK companies. The new rules will allow the government to...more

White & Case LLP

German government strengthens foreign direct investment (FDI) scrutiny in healthcare sector

White & Case LLP on

On April 28, 2020, the Federal Ministry of Economic Affairs and Energy (BMWi) published a draft for the 15th amendment to the Foreign Trade and Payments Ordinance (AWV). The changes are expected to be effective shortly after...more

Skadden, Arps, Slate, Meagher & Flom LLP

France Moves To Protect Strategic Assets Amid COVID-19 Pandemic

On April 29, 2020, the French Minister of the Economy (the Minister) announced that French foreign investment rules will be adopted with the policy goal of protecting French strategic assets in the context of the COVID-19...more

Dechert LLP

Germany to Tighten Rules on Foreign Investment…Again

Dechert LLP on

Germany’s cabinet has approved draft legislation designed to tighten the country’s foreign investment control (“FDI”) regime. The draft bill pre-dates the coronavirus crisis but comes amid growing fears that non-EU investors...more

Skadden, Arps, Slate, Meagher & Flom LLP

Crisis Prompts European Countries To Step Up Protections Against Foreign M&A

The coronavirus pandemic has weakened European economies and companies. EU and national governments have expressed concern that foreign investors may opportunistically take advantage of the crisis to acquire domestic...more

White & Case LLP

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

White & Case LLP on

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: Australia

White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion. The decision to approve or deny a foreign investment application is ultimately made by the Treasurer of...more

Latham & Watkins LLP

New UK National Security M&A Regime Expected in 2019

Latham & Watkins LLP on

In June 2018, the UK adopted new powers to review certain technology related deals on national security grounds, extending the scope and breadth of its control regime to those that concern computing hardware, or quantum...more

Jones Day

Foreign Investment in France: Strengthening Control and Extending Strategic Sectors Under PACTE Law and New Decree

Jones Day on

The Situation: In the context of strengthening the control of foreign investments, particularly at the European level, the French Parliament intends to deepen control procedures and broaden the scope of authorization of...more

Orrick, Herrington & Sutcliffe LLP

National Security and Investment Controls The Governments White Paper

Amongst the flurry of ministerial assignments issued on the last day of a rather turbulent political term, was the Government’s White Paper on national security investment controls and the accompanying Statement of Policy...more

Dechert LLP

Germany: Foreign Investments under Increased Scrutiny

Dechert LLP on

The German government opposes two high-profile acquisitions by foreign investors as it plans to tighten foreign investment control laws. Key Takeaways: In July and August 2018 the German government opposed two...more

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