FDI Enforcement Trends Around the Globe: Taking Stock and Looking Ahead
Dr Jana Dammann de Chapto
Partner
Latham & Watkins LLP (Germany)
Nicole Kar
Specialist Adviser BEIS Sub-Committee on National Security and Investment
Department of Business and Trade (UK)
Allison Soilihi
Partner
Morgan, Lewis & Bockius LLP (France)
We have seen the first few cases in Europe where FDI decisions by a national regulator have been challenged in court. What trends are we seeing so far and the lessons learned?
- Analysing the increased interaction between Member States via the EU screening mechanism and whether such information exchange and interaction leads to more FDI filings/investigations
- Examining recent developments in Europe – what new FDI regimes will come into force, or further expansion to existing regimes? What will this mean in practice?
- Determining the recent European Commission economic strategy and its proposed changes to the EU FDI regulation
- Reviewing recent court decisions, including:
- BMWK’s prohibition of the acquisition of PCK Raffinerie GmbH
- BMWK’s prohibition of the acquisition of the German medical device manufacturer Heyer Medical AG
- Italian government prohibited acquisition of Microtecnica
- Recent Xella decision by the European Court of Justice
- Will there be a reduction in regulatory hurdles as FDI Regimes continue to evolve and as courts continue to scrutinise the substantive review, commitments and procedural rights?