Global FDI Reviews

As foreign investment screening expands across the EU, emerging Member States are still developing their FDI frameworks, creating unique challenges for investors and deal teams. This session explores the practical implications of investing in jurisdictions where regulations are evolving, enforcement practices are less predictable, and political or industrial policy considerations may vary widely. Attendees will gain insights from regulators, legal experts, and practitioners with on-the-ground experience. Points of discussion include:

• Discussing the screening regimes of Ireland, Cyprus and Switzerland
• Comparing EU-based screening regimes with Switzerland’s non-EU screening approach
• Discussing the role of foreign state-controlled investors and how indirect state influence is assessed in practice

This panel explores the growing importance of critical minerals such as lithium, rare earth elements, and copper in global investment strategies Experts will discuss regulatory frameworks, national security concerns, and cross-border challenges for companies and investors. Points of discussion include:

• Examining the strategic significance of critical minerals for national security and emerging technologies
• Analyzing how EU, U.S., and Canadian FDI regulations affect mining, manufacturing, and technology investments
• Understanding cross-border sovereignty and ownership issues in the critical minerals sector
• Evaluating regulatory trends, government interventions, and investment restrictions in key jurisdictions
• Discussing practical compliance strategies for investors navigating multiple national FDI regimes
• Exploring geopolitical risks and the role of critical minerals in shaping international investment policies
• Mention China

• Analyzing how AI and advanced technology are designated as sensitive areas in the revised EU FDI screening framework, including within the EU cooperation mechanism
• Evaluating the implications of Europe’s AI regulatory regime including riskbased requirements under the EU AI Act for highrisk systems, for investment scrutiny and compliance
• Exploring how AI, machine learning and other hypercritical technologies are factored into national security analyses across Member States
• Understanding the interaction of export controls, dualuse designations and FDI review for emerging technologies with both civilian and defense applications
• Anticipating how foreign investments in data, compute infrastructure and AI platforms may be subject to heightened information requests and specific regulatory conditions
• Preparing investment compliance strategy amid evolving EU policy priorities that treat technology sovereignty as part of security review

This session provides a Canadian regulator’s perspective on foreign investment review, highlighting approaches to national security assessments, cross-border coordination, and enforcement trends. Attendees will gain insights into how Canada’s practices can inform European FDI policy and regulatory strategies in a global context.

Foreign investment screening in Europe is becoming more closely connected with industrial policy, strategic autonomy, and competitiveness goals. Policymakers are finding new ways to balance openness with economic sovereignty, from “Made in EU” conditions in public procurement to ownership and governance rules in strategic sectors. This session looks at how FDI, the Foreign Subsidies Regulation (FSR), and procurement rules are working together, and what this means for investors in sensitive industries.

This panel examines the growing intersection between merger control and foreign investment review in Europe Experts will explore procedural alignment, remedies, and sector-specific scrutiny helping practitioners understand how transactions are evaluated from both competition and national security perspectives. Points of discussion include:

• Exploring the increasing overlap between merger control and FDI review in key EU jurisdictions
• Navigating numerous interpretational issues in the Golden Power Law
• Analyzing remedies and conditions imposed by authorities on transactions in sensitive sectors including defense and high-tech
• Comparing national approaches across Germany, France, Italy, and emerging Eastern European markets
• Understanding how procedural differences and political factors influence approvals and clearance timelines
• Evaluating the practical challenges of coordinating merger control filings with FDI notifications
• Discussing transatlantic perspectives including U.S., Canadian, and non-EU considerations impacting EU mergers

This panel will summarize recent and proposed changes to EU restrictions on inbound investment and US restrictions on outbound investment, highlighting practical consequences for US investors and EU targets. Topics will include:

• EU-level FDI Screening Regulation, proposed reforms and the EU’s Proposed Industrial Accelerator Act and implications for foreign investment in EU targets
• U.S. outbound investment restrictions, changes resulting from the COINS Act, and how these rules affect US investment in EU targets (e.g., what kind of relationships to “countries of concern” including China, Russia, Iran, North Korea, Cuba, and Venezuela, can make an EU target problematic for US investors)
• Geopolitical and sector-specific implications in technology, AI, defense and critical raw materials, and how EU screening rules and US outbound investment controls interact in practice.