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17 Dec 2020 B

Foreign investment: an overview of EU and national case law

Christian Ahlborn, Christoph Barth, David-Julien dos Santos Goncalves • Foreign Investment

This foreword provides an overview of the developments of foreign investment (“FI”) regimes globally during 2020 and, more specifically, highlights the trends over the year in the area of FI. Historically, the European Union (“EU”) has had one of the most open investment regimes in the world and (...)

2 Dec 2020 B

The German Government prohibits the acquisition of a telecommunication company by a Chinese buyer under the foreign direct investment rules (IMST / Addsino)

Peter D. Camesasca, Horst Henschen, Martin Juhasz • December 2020

On 2 December 2020, the German government prohibited the acquisition of German company IMST GmbH, Kamp-Lintfort (“IMST”) by a Chinese investor. This is the second high profile prohibition decision issued by the German government this year on the grounds of Foreign Direct Investment (“FDI”) rules. (...)

2 Dec 2020 B

The German Government prohibits the acquisition of a telecommunications company by a Chinese industrial group on the basis of the foreign trade and payments ordinance (IMST / Addsino)

Laura Lehoczky-Deckers • Preview

On 2 December 2020, the German Government prohibited on public security grounds the sale of the German Institut für Mobil-und Satellitenfunktechnik (“IMST”), a specialist in satellite and communications technologies, to Addsino, a subsidiary of State-owned defence group China Aero- space Science (...)

18 Nov 2020 eB

Women & Antitrust - Voices from the Field, Vol. II STÉPHANIE YON-COURTIN, European Parliament
and ANGÉLIQUE DE BROUSSE, Johnson & Johnson

Angélique de Brousse, Stéphanie Yon-Courtin

177 Stéphanie Yon- Courtin European Parliament Angélique de Brousse Stéphanie Yon-Courtin became a lawyer at the Paris Bar in 2004, specialising in competition law, and worked in international law firms. She then joined the office of the president of the French Competition Authority (Bruno (...)

17 Nov 2020 B

The Spanish Government amends the FDI screening regime and temporarily extends the regime to investments made by EU/EEA investors above given thresholds

Pedro Callol, Manuel Canadas Bouwen, Jorge Manzarbeitia, Enrique Fayos, Laura Moya • November 2020

Royal Decree-Law 34/2020, of 17 November, on urgent measures supporting business solvency and others (RDL 34/2020), has been published today introducing (i) a new amendment to the foreign direct investment (FDI) screening regime applicable to critical infrastructures, supplies, technologies and (...)

17 Nov 2020 B

The Spanish Government approves the reform of the legal regime that establishes a screening regime for certain foreign direct investments

Casto Gonzalez-Paramo, Alfredo Gómez Álvarez, David Antón • November 2020

The Spanish government last week approved a new reform of the legal regime that establishes a screening regime for certain foreign direct investments ("FDI") in Spain, (the "Reform"), through the enactment of Royal Decree-Law 34/2020, of 17 November, on urgent measures to support business (...)

17 Nov 2020 B

The Spanish Government extends its temporary foreign direct investment screening mechanism

Adriana Pérez-Gil, Laura Lehoczky-Deckers, Isabella Omrod-Bufill • November 2020

On 19 November 2020, an amendment of the Spanish temporary foreign direct investment (“FDI”) screening mechanism entered into force (the “Amendment”). The Amendment broadens the screening regime introduced in March 2020, notably to also include investments from EU and EFTA investors. First, from (...)

17 Nov 2020 B

The Spanish Government enacts a foreign direct investments mechanism

Rafael Baena, Pablo Velasco • November 2020

In March 2020, the Spanish Government introduced a screening mechanism for certain foreign direct investments in Spain (the "Spanish FDI Regime"), which requires prior administrative authorisation from the Council of Ministers of investments made by non-EU/EFTA investors in Spanish companies (...)

17 Nov 2020 B

The Dutch Government implements the European regulation establishing a framework for the screening of foreign direct investments into the Union

Anna Jorna • Preview

On 17 November 2020, the Dutch Senate passed a law (the “Implementing Law”) implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (the “FDI Regulation”). The (...)

11 Nov 2020 B

The UK Government introduces a regime for screening foreign direct investments

Aurora Luoma, John Adebiyi, Scott C. Hopkins, Michael Leiter • November 2020

The UK government’s long-awaited National Security and Investment Bill (the Bill), which paves the way to significant changes in the UK’s regime for screening foreign investment, was laid before Parliament on 11 November 2020. While the text of the proposed legislation will require detailed (...)

11 Nov 2020 B

The UK Government publishes a draft law introducing significant powers to scrutinise foreign direct investment

Gregory Lascelles, James Marshall, Katherine Kingsbury • November 2020

Major Development in UK Foreign Investment Law and Policy The UK government has published long-awaited draft legislation that, if made law, will introduce significant new powers to scrutinise Foreign Direct Investment (“FDI”). The National Security & Investment Bill (the “NSI Bill” or the (...)

11 Nov 2020 B

The UK Government proposes screening powers for certain deals on national security grounds

Catriona Hatton, Matthew Levitt, Dina Jubrail, Stuart Blythe, Nigel Stacey, Derek Jones • November 2020

This week, the UK Government announced new draft powers under the National Security and Investment Bill (the ‘Bill’) to screen certain deals on national security grounds. The proposals apply to takeovers and investments (including minority share acquisitions) by foreign buyers in a wide range of (...)

11 Nov 2020 B

The UK Government announces long-awaited and extensive reforms to the foreign investment regime

James Webber, Sara Ashall, Matthew Readings, Edward Rarity, Elvira Aliende Rodriguez • November 2020

On 11 November 2020, the U.K. Government announced long-awaited and extensive reforms to the U.K. foreign investment regime. The reforms proposed are more significant than anticipated and include a mandatory notification regime alongside broader “call-in” powers for the Secretary of State. The (...)

11 Nov 2020 B

The UK Government introduces a national screening regime for foreign investments

Nicholas Levy, Maurits Dolmans, Paul Gilbert, Richard Pepper, John Messent, Esther Kelly, Nallini Puri, Tihir Sarkar, Sam Bagot, Courtenay Stock, Chase D. Kaniecki • November 2020

On November 11, the UK Government proposed a new national security screening regime that would allow the Government to intervene in “potentially hostile” foreign investments that threatened UK national security while “ensuring the UK remains a global champion of free trade and an attractive place (...)

11 Nov 2020 B

The UK Government introduces a national investment screening regime

Caroline Rae, James Palmer, Veronica Roberts, Tim Briggs, Ruth Allen, Max Kaufman • November 2020

On 11 November 2020 the UK Government introduced the National Security and Investment Bill (NSI Bill) to Parliament, setting out significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of (...)

11 Nov 2020 B

The UK Government introduces a national investment screening regime

Mark Jones, Christopher Peacock, Stelios Charitopoulos, Matt Giles • November 2020

A new National Security and Investment Bill laid before the UK Parliament this week will, on enactment, significantly affect the way investments in the UK can be reviewed by the UK Government where they raise national security considerations. The new legislation replaces stop-gap provisions (...)

11 Nov 2020 B

The UK Government introduces a bill which strengthens its ability to investigate and intervene in foreign direct investments that have a potential to threaten national security

UK Competition Authority • November 2020

New powers to protect UK from malicious investment and strengthen economic resilience* New Bill will modernise government’s powers to investigate and intervene in potentially hostile foreign direct investment. The National Security and Investment Bill will strengthen the UK’s ability to (...)

11 Nov 2020 B

The UK Government publishes proposals designed to restrict foreign investment

Peter Willis, Amy Farrer, Matt Bonass • November 2020

Last week, the UK Government published new proposals designed to restrict foreign investment in the UK and to potentially block securities listings on UK public markets, in each case on grounds of national security. Foreign investment controls On 11 November 2020, the National Security and (...)

11 Nov 2020 B

The UK Government introduces a national investment screening regime to restrict foreign investment

Michele Davis, Sarah Jensen, Jenny Leahy, Megan Yeates • November 2020

On 11 November 2020, the UK Government published its long-awaited National Security and Investment Bill (the Bill) in a significant departure from the 2018 White Paper (see our previous briefing). The Bill establishes a new screening regime for investments in a wide range of sensitive and (...)

11 Nov 2020 B

The UK Government proposes national security investment screening regime

Joanna Christoforou, Omar Shah, Savas Manoussakis • November 2020

The proposed regime is a huge departure for the United Kingdom, since it introduces mandatory filings for certain investments raising a national security concern, while it also gives the UK government extensive call-in powers for a period of up to five years for completed transactions, and it (...)

11 Nov 2020 B

The UK Government publishes its national security and investment bill

William Haig • November 2020

On 11 November 2020, the UK Government published the National Security and Investment Bill (“NSIB”). The NSIB proposes the introduction of a standalone foreign direct investment (“FDI”) regime for the first time in the UK. It introduces a hybrid mandatory and voluntary notification regime with (...)

11 Nov 2020 B

The UK Government introduces the national foreign direct investment bill

Nigel Parr, Neil Cuninghame, Christopher Eberhardt, Jason Radford • November 2020

Introduction A new national security notification regime On 11 November 2020, the UK Government introduced its National Security and Investment Bill ("Bill") into Parliament, which will significantly strengthen its powers to investigate and potentially prohibit transactions on national (...)

1 Nov 2020 R

Foreign direct investment screening in Europe: A comparative perspective on differences and commonalities within Europe

Peter D. Camesasca, Horst Henschen, Martin Juhasz • N° 4-2020 • pp. 268-272

The authors provide a comparative perspective on foreign direct investment (“FDI”) screening in Europe in light of the EU’s new regulation, Regulation (EU) 2019/452. They explain the key drivers behind FDI screening and offer an analysis of what it implies at a European level. The article further (...)

19 Oct 2020 B

The Polish Competition Authority clears the first merger under rules for protecting companies of strategic national importance during COVID-19 (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)

Polish Competition Authority • October 2020

Investment control - first decision of the President of UOKIK* H&F Fund from the Cayman Islands granted consent to take over the Center for Electronic Settlements Polish ePayments S.A. The transaction does not pose a threat to security, order or public health. This is the first decision of (...)

19 Oct 2020 B

The Polish Competition Authority issues first decision authorising a foreign acquisition following its temporary FDI screening mechanism (H&F Corporate Investors VIII / The Center for Electronic Settlements Polish ePayments)

Catherine Gordley • October 2020

On 19 October 2020, the Polish Competition Authority (“UOKiK”) issued a decision authorising the Cayman Islands-based H&F Corporate Investors VIII Ltd. to acquire the Center for Electronic Settlements Polish ePayments S.A. The transaction was not notified to the UOKiK under the normal merger (...)

11 Oct 2020 B

The EU Parliament and Council establish a framework for the screening of foreign direct investments

Lourdes Catrain, Falk Schöning, Eleni Theodoropoulou, Stefan Kirwitzke • October 2020

The long-awaited application of the European Union (EU) Regulation on a framework for the screening of foreign direct investment (FDI) in the EU started, 11 October 2020. It is still early days to anticipate how the EU rules will be implemented in practice by the member states and the European (...)

11 Oct 2020 B

The EU Parliament and Council see their framework for the screening of foreign direct investments enter into force

Peter D. Camesasca, Horst Henschen, Katherine Kingsbury, Sarah Hachmeister • October 2020

On October 11, 2020, the EU FDI Screening Regulation (EU) 2019/452 – the “Regulation”) entered fully into force. The Regulation, which was approved and adopted in March 2019, establishes a framework for the screening of foreign direct investments (“FDI”) by EU Member States in which decision-making (...)

11 Oct 2020 B

The EU Parliament and Council put in force regulation for the screening of foreign direct investments

Laura Lehoczky-Deckers • October 2020

On 11 October 2020, the EU FDI Screening Regulation entered into force. Adopted in March 2019, it covers EU Member States’ procedures to assess, investigate, authorise, condition, prohibit or unwind foreign direct investment ( FDI ). FDI screening protects national security interests by (...)

11 Oct 2020 B

The EU Parliament and Council release a regulation on foreign direct investment screening regime which enters into force

Tobias Heinrich, Dr. Tilman Kuhn, Mark D. Powell, Orion Berg, Thilo-Maximilian Wienke, Camille Grimaldi, Fanny Abouzeid • October 2020

While there is still no standalone foreign direct investment (FDI) screening at the EU level, the EU continues to push for a coordinated approach toward foreign direct investments into the EU. The key instrument is the EU Screening Regulation, which has entered into force on October 11, 2020. (...)

11 Oct 2020 B

The EU Parliament and Council passe a regulation for the screening of foreign direct investments into the Union

Neil Cuninghame, Alexi Dimitriou, Denis Fosselard • October 2020

On 11 October 2020, Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the Union (the "FDI Regulation") became fully applicable. In the 18 months since the FDI Regulation was enacted, the Regulation and the European Commission’s ("Commission") (...)

11 Oct 2020 B

The EU Parliament and Council release regulation on foreign direct investments which impacts applications for authorisation of foreign direct investments into Spain including those not undergoing the screening

José Ramón Mourenza • October 2020

Introduction Royal Decree-law 8/2020, of 17 March, on urgent extraordinary measures to tackle the economic and social impact of COVID-19 (“RDL 8/2020”) included a new article 7 bis in Law 19/2003, of 4 July, on the legal regime applicable to capital movements and economic transactions abroad and (...)

11 Oct 2020 B

The EU Parliament and Council enact the EU FDI Screening Regulation which fully enters into force

Laura Lehoczky-Deckers • October 2020

On 11 October 2020, Regulation (EU) 2019/452 establishing a framework for the screening of foreign direct investments into the European Union adopted on 19 March 2019 (the “EU FDI Screening Regulation”) fully entered into force. While the EU FDI Screening Regulation does not itself establish a (...)

25 Sep 2020 C

Global Antitrust Hot Topics #3 In-house Counsel Round-Table: New Opportunities and Challenges & Closing discussion

Camilla Jain Holtse, Charles Malaise, Matthew Levitt, Miriam van Heyningen, Eddy de Smijter, John M. Taladay

3rd Webinar of the « 8th Global Antitrust Hot Topics Conference » organised by Concurrences, in partnership with Baker Botts, with Camilla Holtse (Associate General Counsel - Head of Competition Law & Policy, Maersk), Charles Malaise (Chief Counsel, Antitrust & Regulatory Counsel, Koch (...)

23 Sep 2020 B

The EU Commission publishes the results of its consultation on foreign subsidies

Merit Olthoff, Vanessa van Weelden, Andreas Von Bonin • September 2020

The European Commission (’the Commission’) has published the results of the public consultation on its June White Paper on foreign subsidies. The policy document announces a legislative proposal for the control of companies in the EU market that benefit from foreign subsidies. In total, 150 (...)

17 Sep 2020 B

The UK Government announces the withdrawal of the draft guidance on the Competition Authority’s powers and procedures on the EU foreign direct investment information sharing regime

Omar Shah, Joanna Christoforou, Savas Manoussakis • September 2020

The UK government and the Competition and Markets Authority (CMA) have announced the withdrawal of draft guidance on the CMA’s powers and procedures with respect to enforcing an EU regulation for screening foreign direct investment (FDI) into the European Union. The withdrawal follows a European (...)

16 Sep 2020 B

The UK Competition Authority drafts guidance on its powers and procedures regarding foreign direct investments

Alec J. Burnside, Marjolein De Backer, Michael Okkonen, Adam Levin, Christopher Field, Douglas Getter • September 2020

Key takeaways FDI rules in the UK have recently been tightened in the context of the COVID-19 pandemic. The UK can now intervene in transactions on the grounds of public health emergencies. Also, lower jurisdictional thresholds apply to transactions relating to artificial intelligence, (...)

15 Sep 2020 B

The Romanian Competition Authority announces public consultation on the amendments of the FDI screening regime

Alexandr Svetlicinii • September 2020

National competition authorities and FDI screening: the case of Romania* EU FDI Screening Regulation: separating security from competition The Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted (...)

7 Sep 2020 B

The UK Competition Authority consults on draft guidance concerning its powers and procedures in the relation to the post-Brexit foreign direct investments information-request process

Omar Shah, Joanna Christoforou, Savas Manoussakis • September 2020

As noted in our recent LawFlashes, New Powers for UK Government in Transactions Impacting Public Health Emergencies and National Security and Potential UK Reforms Could Increase Screening of Certain Foreign Takeovers, governments are increasing their scrutiny of certain foreign direct (...)

2 Sep 2020 B

The Chinese Ministry of Commerce adopts rules on handling complaints of foreign-invested enterprises

Chinese Ministry of Commerce (MOFCOM) • September 2020

The Ministry of Commerce revised and adopted the Rules on Handling Complaints of Foreign-Invested Enterprises* Recently, the Ministry of Commerce revised and adopted the Rules on Handling Complaints of Foreign-Invested Enterprises (hereinafter referred to as the Rules), which shall come into (...)

26 Aug 2020 B

The Chinese State Council advances the opening of the financial sector to enhance foreign investments

Chinese State Council • August 2020

China to advance orderly opening-up of financial sector: official* BEIJING — China will resolutely push forward the opening-up of the financial sector in an orderly manner as it is a rational choice in line with the needs of development, an official with the central bank said on Aug 25. The (...)

4 Aug 2020 B

The Romanian Government launches a draft law on the authorisation of 5G technology manufacturers with the potential exclusion of certain foreign businesses based on national security grounds resulting in decreased competition in an already oligopolistic market

Alina Popescu • August 2020

1. Background The Ministry of Transportation, Infrastructure and Communications launched on August 4, 2020 a draft law on measures relating to information and communication infrastructures of national interest and the conditions for the implementation of 5G networks (the “Draft Law”). The Draft (...)

31 Jul 2020 B

The EU Commission adopts a formal decision that the UK will not be treated as an EU Member State for FDI regulation purposes

Katherine Kingsbury • July 2020

The EU Regulation on Foreign Direct Investment (2019/452) (the “EU FDI Regulation”) will enter into force fully on October 11, 2020. Most notably, on this date, a cooperation and information sharing mechanism among Member States and the European Commission in respect of foreign direct investment (...)

23 Jul 2020 B

The French Government temporarily reduces the threshold for review of non-EU/EEA investments in French listed companies in the context of the COVID-19 pandemic

François-Charles Laprévote, Séverine Schrameck, Aurèle Delors, Laura Chovet-Ballester • July 2020

On July 23, 2020, the French Government published a Decree and a Ministerial Order to temporarily reduce the threshold for review of nonEU/EEA investments in French listed companies in the context of the COVID-19 pandemic. As explained by the French Minister for the Economy, “[w]hile most (...)

23 Jul 2020 B

The French Government issues interim rules on certain foreign investments in response to COVID-19

Pascal Bine, Wesley Laine • July 2020

On July 23, 2020, the French government issued decree nº 2020-892 of July 22, 2020 (the Decree), and a ministerial order of the same date (together, the Interim Rules), which lowered the applicable threshold that triggers French foreign investment control for investments by non-European (...)

21 Jul 2020 B

The UK Government lowers the notification thresholds of merger control relevant to the UK national security and issues new powers of investigations

Savas Manoussakis, Joanna Christoforou, Omar Shah • July 2020

The UK government passed reforms on 21 July 2020 lowering the thresholds to intervene in mergers and acquisitions considered relevant to UK national security in the artificial intelligence, cryptographic authentication, and advanced materials sectors. Longer term the UK government is planning (...)

17 Jul 2020 B

The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance (AWG)

Michael Masling, Christian Leeder • July 2020

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. The updated German Foreign Trade and Payments Act (Außenwirtschaftsgesetz (AWG)) includes the necessary (...)

13 Jul 2020 B

Italy & COVID-19: An overview of EU and national case law

Gabriella Muscolo • Italy & COVID-19

The health crisis has struck the entire world, challenging leaders to take unprecedented measures in order to control the spread of Covid-19. On 10 March 2020, Italy, in particular, was the first European Country to implement the strict lockdown, thereby leading the way for other countries. (...)

19 Jun 2020 B

The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligation

Marcin Alberski, Piotr Dynowski • June 2020

Due to the COVID-19 pandemic and the looming economic crisis, Poland is currently adopting legislation, under which transactions involving certain Polish companies and non-EEA investors would be subject to a new clearance obligation. This legislation also temporarily adopts the FDI Screening (...)

19 Jun 2020 B

The Polish Government amends the national foreign investments control scheme and obliges investors from outside the EEA or from non-OECD countries to notify their transaction

Grzegorz Materna • June 2020

LEAD: Pursuant to the recently amended Polish rules on the control of investments, the Polish Competition Authority (UOKiK) is empowered to review intended investments in Polish companies by investors who are: i) from outside of the European Economic Area, or ii) from non-OECD countries. Such (...)

19 Jun 2020 B

The Polish Parliament makes amendments to its foreign investment screening regime to implement the EU FDI screening regulation

Alexandr Svetlicinii • June 2020

National competition authorities and FDI screening: the case of Poland* Regulation 2019/452 establishing a framework for the screening of foreign direct investments into the Union (EU FDI Screening Regulation) was adopted on 19 March 2019 and will enter into force on 11 October 2020. Its (...)

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