CELIS Blog

The CELIS Blog is a unique forum for current debates on international investment control and economic security law and practice more broadly. It brings the latest developments and analysis to you. From economic security (law) experts – to economic security (law) experts.

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CFIS 24: Paris Insights – Background Paper on Foreign Subsidies Regulation

The CELIS Blog is launching its very first special series of blog posts ahead of this year's CELIS Forum on Investment Screening (CFIS).  Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event of the CELIS Institute and ...
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CFIS 24: Paris Insights – Investment Screening and Economic Security in the Majority World

From the Editors The CELIS Blog is launching its very first special series of blog posts ahead of this year's CELIS Forum on Investment Screening (CFIS). Our Programme Sherpas, promising young academics and practitioners in the field, share their views on the topics we will be discussing in the various panels during CFIS. CFIS is the flagship event of the ...
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The First Court (Interim Reliefs) Decision on the Dutch FDI Screening Regime: Setting the Boundaries

By Najibullah Zamani, Radboud University Introduction In recent years, mostly due to geopolitical developments, the perception of FDI by states has changed fundamentally. FDI is used increasingly as a tool to pursue geopolitical and security interests rather than as an objective in itself. As a consequence of this geo-politicization and securitization of FDI, more and more countries are adjusting their ...
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The U.S. Prohibition of the MineOne-Acquisition: What would be the treatment under EU and German Foreign Direct Investment Legislation?

By Benedikt Sichla, Research assistant at Clifford Chance  1. Introduction On May 13, 2024, President Biden issued an order prohibiting for national security reasons the acquisition of real estate and the operation of a cryptocurrency mining facility in close proximity to a U.S. Air Force base. The foreign ownership of the acquirer by nationals of the People’s Republic of China ...
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CELIS Update on Investment Screening – June 2024

European Union – European Commission opens first in-depth investigation On 10 June 2024, the European Commission (EC) opened its first in-depth investigation into the planned acquisition of sole control of PPF Telecom Group (PPF), a European telecommunications company headquartered in Czechia, by a state-controlled buyer from the United Arab Emirates (UAE), the Emirates Telecommunications Group Company PJSC (ETGC). The EC ...
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The European Union’s Critical Raw Materials Act: How Effective In Addressing Supply Chains Risks?

By Cecilia Nota, PhD Candidate University of Turin   1. Introduction In May 2024, Regulation (EU) 2024/1252, establishing a framework for ensuring a secure and sustainable supply of Critical Raw Materials, came into force. This contribution aims to assess how effectively this regulation addresses the current supply chain risks faced by the European Union (EU). Firstly, the significance of Critical ...
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Commission’s Discretion, Court’s Self-restraint. On the EU Court’s Approach to Reviewing Fines in Competition Cases

By Robert Foyle, University College Dublin*   The General Court consistently defers to the European Commission's discretion and fining guidelines when imposing fines. This change limits judicial intervention and may undermine defendants' rights. A reliance on the Commission’s Guidelines has contributed to this restrained approach, raising concerns about the implications for fair competition enforcement.   As was seen in the ...
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Updated guidance on the UK’s investment screening regime: key takeaways

By Veronica Roberts, Andre Pretorius and Ruth Allen, Herbert Smith Freehills LLP   On 21 May 2024 the UK Government published updated versions of two key documents for investors seeking to assess how the UK National Security and Investment (NSI) screening regime may apply to a proposed transaction: an updated statement on how the Secretary of State intends to exercise ...
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The Carbon Border Adjustment Mechanism of the European Union

By Helge Wieggrefe, Research Assistant at the University of Münster and Co-Founder of kolum.earth   In May last year, the European Union agreed to introduce the Carbon Border Adjustment Mechanism (CBAM), the first border tax adjustment for carbon pricing. To this end, a second emissions trading scheme will be set up that will apply to goods imported into the European ...
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Extended Screening of Foreign Investment in France: A Risk of Incompatibility with Company Law?

By Sabine Naugès and Professor Rémi Dalmau with contribution from Marie Soriano | McDermott Will & Emery   Control of foreign direct investments in France (FDI) has been steadily tightened since 2014. The provisions of Articles L. 151-3 and R. 151-1 et seq. of the French Monetary and Financial Code (CMF), as supplemented by the Decree of December 31, 2019, ...
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The CELIS Blog always welcomes posts from economic security professionals that address current issues in international investment screening and economic security law and practice. Would you like to contribute to the Blog? Please contact our editors: blog@celis.institute

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