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Foreign investment: an overview of EU and national case lawYour search returned 154 results Foreign investment
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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 (...)
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The German Government prohibits the acquisition of a telecommunication company by a Chinese buyer under the foreign direct investment rules (IMST / Addsino)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. (...) -
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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)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 (...) -
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Women & Antitrust - Voices from the Field, Vol. II STÉPHANIE YON-COURTIN, European Parliament and ANGÉLIQUE DE BROUSSE, Johnson & Johnson177 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 (...) -
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The Spanish Government amends the FDI screening regime and temporarily extends the regime to investments made by EU/EEA investors above given thresholdsRoyal 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 (...) -
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The Spanish Government approves the reform of the legal regime that establishes a screening regime for certain foreign direct investmentsThe 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 (...) -
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The Spanish Government extends its temporary foreign direct investment screening mechanismOn 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 (...) -
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The Spanish Government enacts a foreign direct investments mechanismIn 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 (...) -
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The Dutch Government implements the European regulation establishing a framework for the screening of foreign direct investments into the UnionOn 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 (...) -
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The UK Government introduces a regime for screening foreign direct investmentsThe 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 (...) -
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The UK Government publishes a draft law introducing significant powers to scrutinise foreign direct investmentMajor 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 (...) -
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The UK Government proposes screening powers for certain deals on national security groundsThis 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 (...) -
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The UK Government announces long-awaited and extensive reforms to the foreign investment regimeOn 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 (...) -
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The UK Government introduces a national screening regime for foreign investmentsOn 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 (...) -
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The UK Government introduces a national investment screening regimeOn 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 (...) -
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The UK Government introduces a national investment screening regimeA 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 (...) -
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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 securityNew 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 (...) -
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The UK Government publishes proposals designed to restrict foreign investmentLast 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 (...) -
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The UK Government introduces a national investment screening regime to restrict foreign investmentOn 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 (...) -
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The UK Government proposes national security investment screening regimeThe 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 (...) -
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The UK Government publishes its national security and investment billOn 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 (...) -
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The UK Government introduces the national foreign direct investment billIntroduction 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 (...) -
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Foreign direct investment screening in Europe: A comparative perspective on differences and commonalities within EuropeThe 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 (...) -
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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)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 (...) -
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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)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 (...) -
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The EU Parliament and Council establish a framework for the screening of foreign direct investmentsThe 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 (...) -
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The EU Parliament and Council see their framework for the screening of foreign direct investments enter into forceOn 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 (...) -
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The EU Parliament and Council put in force regulation for the screening of foreign direct investmentsOn 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 (...) -
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The EU Parliament and Council release a regulation on foreign direct investment screening regime which enters into forceWhile 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. (...) -
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The EU Parliament and Council passe a regulation for the screening of foreign direct investments into the UnionOn 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") (...) -
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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 screeningIntroduction 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 (...) -
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The EU Parliament and Council enact the EU FDI Screening Regulation which fully enters into forceOn 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 (...) -
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Global Antitrust Hot Topics #3 In-house Counsel Round-Table: New Opportunities and Challenges & Closing discussion3rd 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 (...) -
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The EU Commission publishes the results of its consultation on foreign subsidiesThe 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 (...) -
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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 regimeThe 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 (...) -
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The UK Competition Authority drafts guidance on its powers and procedures regarding foreign direct investmentsKey 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, (...) -
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The Romanian Competition Authority announces public consultation on the amendments of the FDI screening regimeNational 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 (...) -
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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 processAs 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 (...) -
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The Chinese Ministry of Commerce adopts rules on handling complaints of foreign-invested enterprisesThe 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 (...) -
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The Chinese State Council advances the opening of the financial sector to enhance foreign investmentsChina 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 (...) -
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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 market1. 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 (...) -
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The EU Commission adopts a formal decision that the UK will not be treated as an EU Member State for FDI regulation purposesThe 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 (...) -
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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 pandemicOn 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 (...) -
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The French Government issues interim rules on certain foreign investments in response to COVID-19On 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 (...) -
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The UK Government lowers the notification thresholds of merger control relevant to the UK national security and issues new powers of investigationsThe 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 (...) -
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The German Government further tightens its national foreign direct investment screening regime and introduces sanction mechanisms for non-compliance (AWG)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 (...) -
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Italy & COVID-19: An overview of EU and national case lawThe 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. (...) -
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The Polish Government adopts legislation under which transactions involving Polish companies and non-EEA investors would be subject to a new clearance obligationDue 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 (...) -
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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 transactionLEAD: 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 (...) -
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The Polish Parliament makes amendments to its foreign investment screening regime to implement the EU FDI screening regulationNational 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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