Germany, France and Italy: Comparing and Contrasting Screening Frameworks, Their Nuances and Interplay

Dr. Christian von Wistinghausen
Partner
ADVANT Beiten (Germany)

Jacopo Figus Diaz
Partner
Legance – Avvocati Associati (Italy)

Olivier Chambord
Partner
Morgan, Lewis & Bockius LLP (France)
This session will compare how FDI regulations are being applied across the more active FDI regimes, what has evolved over the last year and how to find your way through regime complexities.
Germany
- Facts and figures on 2024 FDI proceedings
- Managing timing for FDI clearance in multijurisdictional transactions (e.g. Germany / France / Italy)
- Restrictive FDI clearance conditions – examples and implementation
- Expected developments on scope of FDI screening in Germany
France
- Determining if a transaction is subject to the regime
- Specific trends for investments in activities related to electronic technology
- Interactive screening process
- A permanent lowering of the threshold triggering control of foreign investments
Italy
- Navigating numerous interpretational issues in the Golden Power Law
- FDI review of intra-group transactions
- (Increasing) trend of pre-notifications/notifications, conditional approvals and prohibition decisions: key cases
- Enforcement for non-compliance with notification requirements or with remedies/conditions; withdrawal of conditions