The German Government tightens further its rules on foreign investments in national business by non-EU and non-EFTA investors

On 19 December, the German Government tightened further its rules on foreign investments in German businesses by non-EU/non-EFTA investors. No parliamentary approval was needed and the reforms entered into force on 29 December 2018. The reform lowers significantly the threshold at which the German Government can intervene in transactions involving critical sectors. Non-EU/non-EFTA investors will be required to notify transactions and obtain clearance for acquisitions of 10% or more (down from 25% or more) of the voting rights in German companies. As previously, the covered sectors include companies active in the defence and IT security sectors, as well as critical infrastructures and software for

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Authors

  • Freshfields Bruckhaus Deringer (Dusseldorf)
  • Freshfields Bruckhaus Deringer (Berlin)

Quotation

Juliane Hilf, Frank Röhling, The German Government tightens further its rules on foreign investments in national business by non-EU and non-EFTA investors, 19 December 2018, e-Competitions Foreign Investment, Art. N° 94164

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