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FDI screening mechanism – heading to transatlantic stronger integration
The EU Foreign Direct Investment Screening Regulation allowed for greater communication between EU Member States and with the European Commission. Following the launch in June 2021 of the EU-US Trade and Technology Council (TTC), integration will also be increased with the United States.
Emily Xueref-Poviac Counsel 9 September 2021
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Some statistics from the German Federal Cartel Office (FCO)
The FCO published its annual report for 2020/2021. Key takeaways: A further decline of merger control cases, fewer leniency applications and a focus on the digital economy.
Anne Filzmoser Senior Associate 4 October 2021
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German FDI: Exemption from the closing prohibition for transactions via a stock exchange
The German government introduced a new exemption from the closing prohibition for transactions which are conducted via a stock exchange.
Dimitri Slobodenjuk Partner 9 September 2021
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The UK National Security & Investment Act: Application to foreign transactions
Acquisitions of overseas entities and assets could be caught by the new UK national security regime which is due to come into force fully on 4 January 2022.
Aniko Adam Senior Associate 9 September 2021
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Secretary of State intervenes in the acquisition of UK graphene firm on national security grounds
The acquisition by Taurus of Welsh advanced materials firm Perpetuus is the latest in a flurry of on-going formal and informal national security reviews in the UK.
Aniko Adam Senior Associate 22 September 2021
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New Luxembourg draft bill introducing a framework for the screening of foreign direct investments
Luxembourg is adopting a framework for the screening of foreign direct investments in a Luxembourg entity exercising a critical activity in Luxembourg likely to affect security or public order.
Ada Schmitt Counsel 19 October 2021
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French Competition Authority launches a public consultation on its new compliance programme framework document
The French Competition Authority recently launched a public consultation on its new Framework Document on competition compliance programmes. The FCA recalls that a compliance programme will help companies prevent the risk of anticompetitive conducts but also detect possible infringements as early as possible, and effectively react. It then provides some concrete guidance on key elements of a robust compliance programme.
Amélie Lavenir Avocat 29 October 2021
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Netherlands: Introduction of new cross-sector FDI-regime
On the 30th of June 2021, the Minister of Economic Affairs and Climate ("Minister") submitted a proposal for a cross-sector foreign direct investment screening act ("Act"). The proposed Act will serve as a review mechanism for investments that could pose a risk to the national security of the Netherlands.
Frans Muller Counsel 8 November 2021
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Merger control and FDI interplay: Article 21 as a potential tool towards further convergence in FDI rules
The European Commission opened an investigation against Hungary for a potential breach of Article 21 of the EU Merger Regulation following Hungary's veto of VIG's acquisition of AEGON's Hungarian subsidiaries under its Foreign Direct Investment ("FDI") screening regime.
Georgios Yannouchos Lawyer 22 November 2021
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