Search results - Concurrences

25 Mar 2020

The EU Commission issues guidelines to protect against predatory buyers during the COVID-19 outbreak

Christian Leeder, Cécile Manong, Michael Masling, Christina Renner • Preview

The European Commission on March 25 issued guidelines addressed to its member states outlining an EU-wide approach for foreign direct investment screening. The guidelines seek to protect EU companies as well as critical assets that are essential for the EU’s security and public order, (...)

25 Mar 2020

The EU Commission’s President calls on the EU governments to either adopt or enforce investment screening mechanisms during the COVID-19 outbreak

Philippe Tengelmann, Geoffrey P. Burgess, Timothy McIver, Anne-Mette Heemsoth • Preview

Key takeaways: The President of the European Commission, Ursula von der Leyen, warned this week of the need to protect European companies struggling due to the Covid-19 pandemic from opportunistic acquirers. In a policy paper released on 25 March 2020, the Commission called on EU governments to (...)

25 Mar 2020

The EU Commission publishes its first official guidance on the application the FDI Regulation and during the COVID-19 crisis there could be an increased risk of attempts to acquire healthcare capacities

Jay Modrall • Preview

On March 25, 2020, the European Commission (EC) published its first official guidance (the Guidance) on the application of Regulation 2019/452 (the FDI Regulation), which created a new framework for screening foreign direct investments (FDI) into the European Union (EU). The EC noted that, in (...)

17 Mar 2020

The Spanish Government updates foreign investment screening regime in light of COVID-19 and prohibits or severely limits foreign acquisition of companies active in sectors related to public order, public security or public health

Pedro Callol • Preview

The rapid spread of Covid-19 has led to its consideration as a global pandemic. Spain, currently at the epicenter of the crisis, has declared the state of alarm last Sunday. To ease the effects of the Covid-19 crisis in the economy, the Spanish Government approved yesterday Royal Decree-Law (...)

17 Mar 2020

The Spanish Government publishes an amendment clarifying the reform of the Foreign Direct Investment Screening regime following the COVID-19 outbreak

Pedro Callol • Preview

Royal Decree-Law 8/2020, of 17 March, of urgent exceptional measures to face the social and economic impact of COVID-19 (RDL 8/2020), put in place ad hoc public spending, employment measures and set up a new foreign direct investment (FDI) regime applicable to critical infrastructures, (...)

16 Jan 2020

Foreign Investment: An overview of EU and national case law

Davina Garrod, Sebastian Casselbrant-Multala, Lennart Garritsen • Foreign Investment

Foreign investment restrictions and National Security laws have become important tools in States’ foreign policy-making, as well as a topic of great interest for investors, politicians, lawyers and economists alike. The US, through the Committee on Foreign Investment in the United States (...)

19 Mar 2019

The EU Parliament establishes a bloc-wide framework for the screening by EU member states of foreign direct investment into the EU (FDI)

Izzet Sinan, Christina Renner, Andrew Lipman • March 2019

The European Parliament adopted a new regulation on March 19 establishing a bloc-wide framework for the screening by EU member states of foreign direct investment (FDI) into the European Union (the FDI Regulation). The FDI Regulation seeks to ensure a consistent framework throughout the (...)

19 Mar 2019

The EU Council greenlights the regulation on the screening of foreign direct investments into the EU (FDI)

Tobias Heinrich, Tilman Kuhn, Sabine Kueper • March 2019

The European Council (“Council”) greenlighted the regulation on the screening of foreign direct investments into the EU (“Regulation”) at the beginning of March. Following its publication in the Official Journal on 21 March 2019, the Regulation will go live 20 days thereafter, i.e. on 10 April (...)

19 Mar 2019

The EU Parliament and the EU Council establish a framework for the screening of foreign direct investments into the EU (FDI)

Renato Antonini, Jurgen Beninca, Nicolas Brice, Eva Monard, Stefano Crosio, Byron Maniatis, Federico Merino • March 2019

On 21 March 2019, 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 (“FDI Regulation”) was published in the Official Journal of the European Union. The FDI Regulation (...)

15 Mar 2019

The National People’s Congress of China adopts a Foreign Investment Law providing stronger protection and a better business environment for foreign investors

Hu Bo • March 2019

On March 15, 2019, China’s national legislature, the National People’s Congress passed the Foreign Investment Law (the “Law”), a landmark legislation that will provide stronger protection and a better business environment for foreign investors. The Law will take effective on January 1, 2020. Upon (...)

15 Mar 2019

The National People’s Congress of China adopts a new foreign investment law

Alex Zhang • March 2019

On March 15, 2019, the National People’s Congress of China adopted the new Foreign Investment Law (“FIL”), with a view toward unifying and streamlining the foreign investment framework in China. The FIL will come into effect on January 1, 2020. The FIL creates a general framework that will place (...)

19 Feb 2019

The French and German governments publish a joint manifesto calling for a new European industrial policy with changes to merger control and State aid rules

Martin Favart • February 2019

On 19 February 2019, the French Minister of Economy, Mr Bruno Le Marie, and the German Minister of Economy, Mr Peter Altmaier, published a joint manifesto which calls for the development of a European industrial policy to ensure the global competitiveness of European manufacturing industries. (...)

20 Nov 2018

The EU Parliament, the EU Council and the EU Commission agree on a framework for the screening of foreign direct investments on the grounds of security or public order (FDI)

Jacques Buhart, Mai Muto, Philip Bentley • November 2018

EUROPEAN PARLIAMENT, COUNCIL AND EC PROPOSE EU FRAMEWORK FOR FOREIGN DIRECT INVESTMENT SCREENING On 20 November 2018, the European Parliament, the Council and the EC agreed on a framework for the screening of foreign direct investment (FDI) on grounds of security or public order. This new (...)

19 Oct 2018

The EU Commission and the EU Council discusses enhancements of national security screening of foreign direct investment (FDI)

Alec J. Burnside, Amanda DeBusk, Jeremy B. Zucker, Miriam Gonzalez, Richard Tauwhare, Roger Matthews • October 2018

The EU has agreed in principle on a strengthened framework to ensure that foreign investment does not threaten security and public order, while keeping the EU open to foreign investment. The draft FDI Regulation does not go as far as introducing an EU screening mechanism whose decisions are (...)

26 Sep 2018

Common shareholdings: What are the antitrust issues?

David Henry, Jacques Buhart, James Mancini, Marc Van Audenrode

Law & Economics workshop organised by Concurrences Review with James Mancini (OECD), in partnership McDermott Will & Emery and Analysis Group.

27 Jul 2018

The German Government opposes a foreign investment in an electrical infrastructure due to security concerns (State Grid Corp / 50Hertz)

Jacques Buhart, Mai Muto, Philip Bentley • July 2018

Non-EU inward investors in Germany should be aware of recent developments in German Government policy towards foreign investment in strategic infrastructure and security sensitive areas. Electricity infrastructure is an area that is particularly sensitive for strategic and security (...)

18 May 2018

Antitrust in Asia: ASEAN, China, Hong Kong...

Angela Huyue Zhang, Benjamin Bai, Brent Snyder, Clara Ingen-Housz, Cristina Caffarra, Derek Ritzmann, François Renard, Frédéric Jenny, Gabriel McGann, Godfrey Lam Wan-Ho, Jindrich Kloub, Knut Fournier, Laurence Idot, Luu Huong Ly , Mark Williams, Noah A. Brumfield, Philip Monaghan, Robert Ian McEwin, Sandra Marco Colino, Stephen Crosswell, Susan Ning, Thomas Cheng Kin-Hon, Toh Han Li, Winston Kiang

This fourth edition of the Antitrust in Asia Conference was organized by Concurrences Review with the support of The Chinese University of Hong Kong and the Hong Kong Competition Association, in partnership with Allen & Overy, Baker McKenzie, Charles River Associates, Compass Lexecon, (...)

1 May 2018

Common sense about common ownership

Douglas H. Ginsburg, Keith Klovers • N° 2-2018

Some scholars have argued that the phenomenon known as common ownership, particularly by large investment managers, is anticompetitive and prohibited by the U.S. antitrust laws. These proponents call for the divestiture of trillions of dollars of equities. We believe the argument for antitrust (...)

1 Nov 2017

China/EU: The gradual evolution of the EU Commission’s merger control decisional practice towards SOEs amidst an increasingly protectionist world

Camille Puech-Baron, Kyriakos Fountoukakos • N° 4-2017

This article updates the article published by the authors in 2012 on the treatment of Chinese SOEs involved in acquisitions of European companies under the EU Merger Regulation. In this updated version, the authors discuss the lessons learnt in this regard from the European Commission decision (...)

26 Oct 2017

The EU Commission opens an in-depth investigation into statutory rules exempting some financing incomes earned by foreign subsidiaries (United Kingdom)

Alex Jupp, Frederic Depoortere, Giorgio Motta, Ingrid Vandenborre, James Anderson, Jonathon J. Egerton-Peters, Niels Baeten • October 2017

On 26 October 2017, the European Commission (the Commission) opened an in-depth investigation into UK statutory rules that exempt certain financing income earned by foreign subsidiaries of UK corporate taxpayers from UK tax. The Commission’s investigation will focus on whether the UK Controlled (...)

17 Oct 2017

The UK Department for Business, Energy & Industrial Strategy (BEIS) publishes its green paper "national security and infrastructure investment review" for consultation containing proposals to extend the UK merger control public interest intervention regime

Alex Kay, Tim Briggs, Veronica Roberts • October 2017

On 17 October 2017 the Department for Business, Energy & Industrial Strategy (BEIS) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention (...)

14 Sep 2017

The EU Commission proposes a new regulation that would allow the Commission and Member States to adopt rules for screening foreign direct investment (FDI)

Porter Elliott • September 2017

On 14 September 2017, the European Commission proposed a new regulation to allow the Commission and the Member States to adopt rules for screening foreign direct investment (“FDI”) in the EU that raises concerns on grounds of security or public order (the “Proposal”). The Proposal aims to (...)

13 Sep 2017

The EU Commission unveils a set of proposals for the screening of foreign direct investments into the EU

Tim Briggs, Kyriakos Fountoukakos, Kristien Geeurickx • September 2017

On 13 September 2017 the EU Commission unveiled a set of proposals for the screening of foreign direct investments into the EU. Whereas the Commission recognises the benefits of foreign direct investment and its importance for growth, jobs and innovation in the EU, it also wants to be in a (...)

13 Jan 2017

The US FTC and DOJ issue revised antitrust guidelines for international enforcement

Carrie C. Mahan, Chad Squitieri, Sarah Segal • January 2017

Revised Antitrust Guidelines for International Enforcement and Cooperation issued by FTC and DOJ* On January 13, 2017, the DOJ and FTC jointly issued final updated Antitrust Guidelines for International Enforcement and Cooperation (Updated International Guidelines), which replace the 1995 (...)

13 Jan 2017

The US FTC and DoJ publish antitrust guidelines for international enforcement and cooperation

Paul M. Thompson, Stefan M. Meisner, Ashley L. McMahon • January 2017

On Friday, January 13, 2017, the Department of Justice (DOJ) and Federal Trade Commission (FTC) released the new Antitrust Guidelines for International Enforcement and Cooperation. These guidelines were jointly developed by the agencies and serve to update the Antitrust Enforcement Guidelines (...)

1 Nov 2016

The US FTC and the DOJ publish the proposed antitrust guidelines for International Enforcement and Cooperation

Geoffrey D. Oliver, Kathryn M. Fenton, Matt Evans, Michelle K. Fischer, Peter J. Wang • November 2016

The Federal Trade Commission and the Department of Justice have published for public comment proposed Antitrust Guidelines for International Enforcement and Cooperation ("2016 Proposed Guidelines"). This would be the third iteration of international enforcement guidelines, following the (...)

30 Oct 2016

The EU and Canada sign the Comprehensive Economic and Trade Agreement (CETA) setting out provisions relating to competition policy

Daniel Schwarz, Mark C. Katz • October 2016

What does CETA mean for EU and Canadian competition policy?* Introduction With the Comprehensive Economic and Trade Agreement (CETA) having finally been signed by the EU and Canada on October 30, 2016, it’s worth exploring what it says about competition law and policy and how it may impact (...)

30 May 2016

The Chinese MOFCOM lifts conditions imposed on an e-commerce merger (Wal-Mart / Yihaodian)

Adrian Emch • IT & Mergers

MOFCOM lifts merger control conditions on 2012 Walmart acquisition* On 8 June 2016, the Chinese Ministry of Commerce (“MOFCOM“) released its decision to lift the conditions it had imposed on Walmart’s acquisition of 33.6% of the shares in Newheight Holdings. This acquisition in 2012 gave Walmart (...)

30 May 2016

The Chinese MOFCOM releases a company from conditions previously imposed in an e-commerce merger (Wal-Mart / Yihaodian)

Adrian Emch, Allan Fels, Wendy Ng, Xiaoye Wang • May 2016

On 30 May 2016, the MOFCOM decided to release Wal-Mart from the conditions that it had imposed on Wal- Mart’s acquisition of Yihaodian in 2012. Wal-Mart had applied for release from these conditions in July 2015. When the MOFCOM conditionally approved Wal-Mart’s acquisition in 2012, the (...)

19 Feb 2016

The US Committee on Foreign Investment publishes its annual report and reviews several national security aspects of increasing number of acquisitions by Asian companies

Christine Laciak, Robert Schlossberg • February 2016

Parties to transactions that might implicate US national security interests may elect voluntarily to submit a notification to the Committee on Foreign Investment in the United States (CFIUS), the multi-agency committee charged with conducting national security reviews of acquisitions by foreign (...)

1^er mai 2015

Contrôle des concentrations et contrôle des investissements étrangers : Réflexions de juriste

Laurence Idot • N° 2-2015 • pp. 54-66

Contrôles des concentrations et contrôles des investissements étrangers peuvent s’appliquer aux mêmes opérations, comme l’ont illustré certaines affaires récentes. Procédant à une comparaison des domaines et des régimes des deux contrôles, l’auteur conclut à leur coexistence nécessaire. Au sein de l’Union (...)

16 Mar 2015

The US Supreme Court clarifies the application of the Foreign Trade Antitrust Improvement Act (Motorola / AU Optronics)

Jeffrey May • March 2015

Supreme Court Has Opportunity to Clarify Application of Foreign Trade Antitrust Improvements Act* Last week, the U.S. Supreme Court was asked, in parallel petitions, to resolve a split between the Seventh Circuit and the Ninth Circuit on the application of the federal antitrust laws to a (...)

3 Feb 2015

The Russian Competition Authority fines a foreign company for failure to submit informations within a designated period (Linenhall Overseas)

Russian Competition Authority • February 2015

FAS imposed a second fine upon a foreign company in two months* At the end of January 2015, the Federal Antimonopoly Service (FAS Russia) fined “Linenhall Overseas Limited” 500,000 RUB for failure to submit information within the designated period. The company is registered in British Virgin (...)

1^er sept. 2014

Protectionnisme et droit de l’Union européenne

Stéphane Rodrigues • N° 3-2014 • pp. 243-249

Le thème du protectionnisme a ressurgi dans le contexte de la crise économique. Il est paré de toutes les vertus par ceux qui décrivent l’Union européenne comme l’avant-garde d’un libre-échangisme généralisé et destructeur. Il est au contraire brandi comme épouvantail par ceux qui craignent que le marché (...)

18 Aug 2014

The Russian Competition Authority fines a fishing company for failing to notify a merger (Sogra)

Russian Competition Authority • August 2014

Fishing company jumped the gun with buying* “Sogra” Fishing Company acquired 100% share of the authorized capital of “Magadanflot-2” without preliminary approval by the Government Commission for control over foreign investments in the Russian Federation. On 18th August 2014, the Federal (...)

24 Jul 2014

The US District Court for the District of New Jersey dismisses price fixing complaint against 16 magnesite producers (Animal Sciences Products / China National Metal & Minerals Import and Export)

Michelle S. Lowery • July 2014

On July 24, 2014, the district court in Animal Sci. Prod., Inc. et al. v. China Nat’l Metals & Minerals Imp. and Exp. Corp. et al., Case No. 2:05-cv-04376 (D.N.J.), dismissed direct purchaser plaintiff’s Amended Complaint without prejudice in favor of magnesite producers accused of engaging (...)

14 mai 2014

Investissements étrangers : Le Premier ministre adopte le décret 2014-479 étendant les secteurs dans lesquels les investissements étrangers projetés doivent obtenir une autorisation du ministre de l’Économie

Régis Lanneau • N° 3-2014 • pp. 203-205

Contenu “Le choix que nous avons fait, avec le premier ministre, est un choix de patriotisme économique. Ces mesures de protection des intérêts stratégiques de la France sont une reconquête de notre puissance. C’est la fin du laisser-faire” (propos d’Arnaud Montebourg, Le Monde, 15 mai 2014). Le décret (...)

8 Apr 2014

The China Insurance Regulatory Commission partially relaxes mergers with new acquisition rules in the insurance sector expected to help facilitate market entry by expanding the footprint of private capital

Zhan Hao • April 2014

China Issues New Insurance Merger Rules* Level play ground, optimizing industry structure, promoting competitiveness, and enriching the risk management tool kit of the insurance institutes”, quoting a statement of CIRC posted on its website. Promotion of Competition CIRC’s partially relaxed (...)

1 Sep 2013

Investments in renewable energy under the State Aid Guidelines on environmental protection

Lena Sandberg-Morch • N° 3-2013

This article describes the methodology and treatment of investments in renewable energy under the State Aid Guidelines on environmental protection. The Guidelines are currently under an on-going review and a revised version is scheduled for 2014. The current “extra cost” method, which serves to (...)

27 Aug 2013

The Chinese NDRC takes steps forward towards a more transparent enforcement regime

Becky Koblitz • August 2013

Antitrust Investigations in China: Putting Things in Perspective* The current press is buzzing with news about the recent increase in antitrust investigations involving foreign companies with operations in China, and reports of foreign companies being told to expect higher fines if they “put up (...)

11 Jun 2013

The Mexican Parliament adopts sweeping telecom reforms aiming at cracking down dominant operators and induces significant reforms on competition law and agency

Luis Gerardo Garcia Santos Coy, Marie Potel-Saville • June 2013

On June 11th, 2013, a significant amendment to the Mexican Constitution known as “the new Telecommunications Act”, which also significantly impacts the competition regime, was enacted, and will enter into force on June, 12th. The amendment is seen as resulting from the "Pact for Mexico", entered (...)

30 May 2013

The EU Commission sends statement of objections to an operator for allegedly discriminating against foreign companies in the Romanian market for power exchanges (OPCOM / CNTEE Transelectrica)

Tim Kasten • May 2013

On 30 May 2013, the European Commission announced that it had issued a Statement of Objections against OPCOM S.A. and its parent company CNTEE Transelectrica S.A. regarding OPCOM’s business practice of requiring OPCOM’s electricity spot market participants to hold a Romanian VAT (...)

1^er févr. 2013

Entreprises stratégiques nationales et modèles économiques européens

Caroline Si Bouazza • N° 1-2013 • pp. 257-258

Comment s’opère la mutation des politiques industrielles par les États nations dans le cadre de l’Union européenne et des règles de la gouvernance économique mondialisée ? Les actions nationales menées au nom du patriotisme économique ne sont plus adaptées à l’Union européenne. Leur efficacité est (...)

14 Aug 2012

The Chinese MOFCOM enforces telecoms regulations in merger review (Wal-Mart / Yihaodian)

Yee Wah Chin • August 2012

The notification for the Wal-Mart/Yihaodian transaction was submitted to China’s Ministry of Commerce on 16 December 2011. It was ultimately accepted on 16 February 2012 by MOFCOM after supplementation. At the expiration of the Phase III, or extended Phase II, period, on 13 August 2012, MOFCOM (...)

29 Jun 2012

The three Chinese agencies responsible for enforcing the Anti-Monopoly Law issue a joint enforcement draft opinion on the policy statements regarding Chinese foreign investment

Becky Koblitz • June 2012

Is China Giving Carte Blanche for Anti-Competitive Conduct by PRC Companies Doing Business Overseas?* PRC companies should be careful not to interpret as carte blanche for anti-competitive behavior a recent policy statement by the Chinese government encouraging PRC companies to coordinate (...)

29 Sep 2011

The Competition Authority of Bosnia & Herzegovina interprets the rules on mandatory notification of concentrations and reveals inconsistency between the Competition Act and the Merger Regulation

Alexandr Svetlicinii • September 2011

On 29 September 2011 the Competition Authority of Bosnia & Herzegovina (KV) issued an opinion in relation to the application of merger notification thresholds in cases involving foreign companies with or without presence on the domestic market. The KV’s opinion was prompted by the request (...)

5 Sep 2011

The Chinese MOFCOM publishes the final rules on the national security review of foreign investment in national companies

Bevin M.B. Newman, Giovanna M. Cinelli, Kenneth J. Nunnenkamp, Peter J. Wang, Sébastien J. Evrard, Yizhe Zhang • September 2011

China has published new rules to implement the national security review that will be conducted as part of the review of mergers and acquisitions by foreign investors and involving Chinese companies. These rules provide for review and potential rejection of acquisitions of Chinese companies by (...)

25 Aug 2011

The Chinese Ministry of Commerce publishes its measures on the implementation of security review of mergers and acquisitions of domestic enterprises by foreign investors

Allan Fels, Jessica Su, Xiaoye Wang • August 2011

The MOFCOM published the Measures on the Implementation of Security Review of Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (Measures) on 25 August 2011. The Measures are effective on 1 September 2011 and replace the Interim Measures on Relevant Matters Concerning the (...)

1^er mai 2011

Merger Control Regimes in Emerging Economies – A Case Study on Brazil and Argentina

Christophe Bernard-Glanz • N° 2-2011 • pp.241-242

Now for the first time a thoroughly researched book provides an in-depth empirical analysis of the legal problems raised for competition, and especially for merger control and its enforcement, in emerging economies, using a case study approach in the Brazilian and Argentinian contexts to reveal (...)

6 Mar 2011

The Chinese State Council publishes a notice detailing its national security review procedure for the acquisition of domestic companies by foreign investors

Bevin M.B. Newman, Giovanna M. Cinelli, H. Stephen Harris, Kenneth J. Nunnenkamp, Peter J. Wang, Sébastien J. Evrard, Yizhe Zhang • March 2011

The State Council of the People’s Republic of China has published a notice detailing its national security review («NSR») procedure for the acquisition by foreign investors of domestic Chinese companies («NSR Notice»). The NSR Notice, which implements Article 31 of the PRC Anti-Monopoly Law, will be (...)

total	68
total_found	68
time	0.179

Your search returned 68 results Foreign investment

Debug

Métas associées