Foreign Investment Archives | Page 2 of 3 | Regulatory & International Trade

Foreign Investment Control in Germany | New Administrative Fees Regime

by Dr. Deniz Tschammler, Alexandra Heberle and Dr. Laura Stammwitz | Mar 25, 2024 | Foreign Investment

Since January 1, 2024, the German Government now charges administrative fees for foreign invest-ment control (FIC) proceedings.

Under the German FIC regime, the competent federal ministry, the Bundesministerium für Wirtschaft und Klimaschutz (BMWK), may review foreign investments in domestic target companies above certain thresholds. Based on a filing submitted by the direct acquirer, BMWK has two months to review the transaction and issue a clearance certificate (Phase I). In the event of remaining queries or concerns, BMWK may initiate formal investigation proceedings, which may take several months or in certain cir-cumstances even longer (Phase II). In around 90% of cases, foreign investments are cleared in Phase 1.

European Economic Security Strategy

by Sabine Naugès | Mar 22, 2024 | Foreign Investment, Outbound Investment

A Step Towards Regulating Outbound Investment in the European Union

On June 20, 2023, the European Commission and the High Representative for Foreign and Security Policy published a Joint Communication on a European Economic Security Strategy. The strategy highlighted that new economic security risks are emerging as a result of rising geopolitical tensions and the acceleration of technological developments. The strategy also underlined the need to develop a common EU approach.

Strengthening Foreign Investment Screening in France

by Sabine Naugès | Mar 6, 2024 | Foreign Investment, Energy

Decree no. 2023-1293 of December 28, 2023, on foreign investment in France came into force on January 1, 2024.

The purpose of the decree is to continue the monitoring of non-European investors exceeding the threshold of 10% of voting rights in companies listed on a regulated market, introduced by Decree No. 2020- 892 of July 22, 2020. This follows the statements made by the French Ministry of the Economy (the “MoE“) to the press on January 5, 2023, announcing that the measure would be made permanent.