CELIS-Blog
Empowering the Forgotten: Competitors’ Rights and Remedies under the Foreign Subsidies Regulation
By Alessandro Carpi, Associate at Cleary Gottlieb Steen & Hamilton LLP (Brussels) The Foreign Subsidies Regulation (FSR) is a new instrument adopted to protect the internal market from the distortive effects of public intervention. While the FSR resembles existing competition and trade tools, it differs notably in how it addresses complaints from competitors. Indeed, the…
Read More ...Latest Trends in Czech FDI Screening
By Jan Kupčík, Head of Competition, Foreign Trade & EU, Schoenherr Czech Republic The Czech Republic’s FDI screening regime has been in place since 2021. While the screenings remain fully confidential, annual reports of the Ministry of Industry and Trade (MoIT) allow us to deduct some of the enforcement trends and structure of cases that…
Read More ...An overview of the U.S. outbound screening program and considerations for private and public actors
By John Kabealo, Founding Partner, Kabealo PLLC On October 28, 2024, the U.S. Department of the Treasury finalized its highly anticipated regulations to implement Executive Order 14105, Regulating outbound U.S. investments in countries and sectors that may pose national security concerns for the United States. The regulations finalize the draft regulations published June 21, 2024…
Read More ...CELIS Update on Investment Screening – December 2024
European Union – European Commission refers the United Kingdom to the Court of Justice of the European Union for failure to terminate intra-EU BITs On 16 December 2024, the European Commission decided to refer the United Kingdom to the Court of Justice of the European Union (CJEU) for failing to terminate its Bilateral Investment Treaties…
Read More ...2024 Year-in-Review I Holiday Break
By Kilian Wagner (CELIS Blog Editor, University of Vienna) I. 2024 – Economic Security Developments in Review With a busy year coming to an end, it is time to take stock of the main developments in the area of economic security from an EU perspective. A number of new policy initiatives have been launched in…
Read More ...CELIS Update on Investment Screening – November 2024
Global – Publication of 31st UNCTAD-OECD Report on G20 Investment Measures On 13 November 2024, the United Nations Trade and Development (UNCTAD) and the Organisation for Economic Co-operation and Development (OECD) released the 31st Report on G20 Investment Measures (“Report”). The Report documents measures taken by the G20 governments between 16 October 2023 and 15…
Read More ...The Foreign Subsidies Regulation – One Year in Review: Challenges and Ways Ahead
By Cécile Carlier (Simmons & Simmons) and Pierfrancesco Mattiolo (University of Antwerp) An expert panel session convened in Brussels on 20th November 2024 to discuss the notification-based procedures of the FSR. Adopted in November 2022, the Foreign Subsidies Regulation (FSR) is the latest arrival in the EU competition toolbox. Having just celebrated its second…
Read More ...First Day in Court for the EU’s Defence Industrial Policy
By Mats Cuvelier Introduction On 18 September 2024, the General Court rendered its judgment in Case T-617/22, concerning French aicraft engine maker Safran’s request to annul a decision by which the European Commission rejected its bid to carry out a project under the European Defence Fund (EDF). It is the first time the Court has…
Read More ...Understanding the Importance of Investment Screening measures for Financial and Economic Security of India
By professor Bimal N. Patel, Vice-Chancellor, Rashtriya Raksha University / National Security University of India Introduction The interdependence of economic policies and progress and national security always remains intertwined; financial and economic strength of India underpins its military capabilities, diplomatic influence, and internal stability. The Indian economy is likely to continue growth-rate of 7% in…
Read More ...Belgium’s FDI Screening Mechanism: 17 Months of Navigating the Blackbox
By Paul Hermant, Baptist Vleeshouwers and Claire De Neve. 1. Introduction Belgium’s Foreign Direct Investment (FDI) screening regime, implemented on 1 July 2023, is designed to protect the national security and strategic interests of Belgium and its federated entities. Now, over 17 months into the regime, and with the release of the first Annual Report…
Read More ...The Commission´s and ECJ´s Approach to Investment Arbitration
By Juliane Kokott, Advocate General at the Court of Justice of the European Union Juliane Kokott, Advocate General at the European Court of Justice, discusses two developments in the area of investment law. This blog series features two posts by AG Kokott on (I) intensified investment screening and (II) on the ECJ-induced termination of intra-EU…
Read More ...The ECJ and Investment Control – Intensified Investment Screening
By Juliane Kokott, Advocate General at the Court of Justice of the European Union The European Court of Justice (ECJ) and the Commission very much influence the investment climate in Europe. They have been very successful in abolishing all kind of direct and indirect impediments to the free movement of people, goods, services and capital.…
Read More ...Update on Outbound Investment Screening: Current Developments in the EU and US
By Konstantin Ahlers, PhD Candidate at the Leibniz Universität Hannover 1. Introduction Since the European Commission added the regulation of Outbound Investments onto its 2023 Working Program in fall 2022 and President Biden signed the Executive order to restrict Outbound Investments by US- persons in summer 2023, a lot has happened in regard of Outbound…
Read More ...How to Prevent the EU from Falling Behind?
By Bruno Dupré, Political Advisor for the Indian Ocean, European External Action Service Summary The future of Europe does not depend on what President Trump thinks or will do. Nobody knows and he is to a certain extent unpredictable. The future of Europe will depend on our capacity to take our destiny in our…
Read More ...The Stony Road to de-fragmentation of EU Foreign Direct Investment Control
By Oliver Geiss This blog was first published on the Squire Patton Boggs Trade Practitioner Blog On 9 September, Mario Draghi published a report on ‘The Future of European Competitiveness’ highlighting the need for the EU to strengthen its Investment Screening Mechanism. The report was part of a broader effort to assess and…
Read More ...Can the “buy European” requirement counter the challenges of the European Defence Technological and Industrial Base? A critical perspective on EDIS and EDIP
By Grith Skovgaard Ølykke[1], Gregory Kegels, Caroline Buts and Cind Du Bois. This post has been prepared within the framework of the BEPIDS project (Belgian Economic Potential in the Industry of Defence and Security), a project funded largely through the ‘Belgian Federal Public Planning Service Science Policy’ (BELSPO) and partially by the Belgian ‘Royal Higher Institute…
Read More ...CELIS Update on Investment Screening – October 2024
European Union – European Commission releases Fourth Annual Report on the screening of foreign direct investments into the Union On 17 October 2024, the European Commission (“EC”) released the Fourth Annual Report on the screening of foreign direct investments into the Union (“Report”) for the year 2023. The Report is divided into 4 chapters and…
Read More ...Some Reflections on the Investment Control Regime in Sweden: Unnecessary Obstacles to Legitimate Financing?
By Alexander Tham and Maja Kristiansson-Gran The Swedish Act on Screening of Foreign Direct Investments (the “FDI Act”) entered into force on 1 December 2023. The FDI Act is the first of its kind in Sweden, at least in the modern legislative landscape. (Pouya Ghotbi 2023 has given an overview, not only of the FDI Act…
Read More ...The Swedish Screening of Foreign Direct Investments Act
By Dr. iur. Magnus Schmauch, Louise Sörelind, Martyna Lechowska, Gustav Eiroff Introduction The Swedish Act on the Screening of Foreign Direct Investments (Sw. lag (2023:560) om granskning av utländska direktinvesteringar) (the “FDI Act”) entered into force on 1 December 2023. Closing in on the first anniversary of the FDI Act, Dr. iur. Magnus Schmauch…
Read More ...Protecting EU Sanctions by Invoking the Denial of Benefits Clause of the Energy Charter Treaty
By Johannes Tropper, University of Vienna Introduction Recently, on 24 September 2024, the Secretariat of the Energy Charter Treaty (ECT), received a communication from the EU and all its member states, except Hungary. According to the notification, they are exercising their right under the ECT to deny the benefits of investment protection under the ECT…
Read More ...Balancing Security and Economics: The EU Investment Screening Mechanism
By Floor Doppen (University of Antwerp), Antonio Calcara (Vrije Universiteit Brussels) and Dirk De Bièvre (University of Antwerp) In the EU, Member States and the Commission are increasingly turning to trade and investment tools to address national security issues. In the face of concerns over technology leakage, supply chain resilience, dependencies in critical industries, data…
Read More ...The European Commission’s Fourth Annual Report on FDI Screening
By Sophie Bohnert, CELIS Blog A. Introduction This October is the month of investment screening. Not only did CFIS 2024, hosted by the CELIS Institute and convened by Steffen Hindelang and Roland Stein, take place in Paris (France) from 16 to 18 October 2024. It is also the month in which the European Commission (“EC”)…
Read More ...(Bio)Fueled to Combat Climate Change? An Analysis of the WTO Panel Decision in the EU-Palm Oil (Malaysia) Dispute
By Isha Das, University of Passau I. Introduction The Panel report in the EU–Palm Oil (Malaysia) dispute[i] was circulated on 5 March 2024. It is an important addition to the list of environment-related international trade disputes brought before the World Trade Organisation (‘WTO’). This is the first time that a WTO Panel has had to…
Read More ...FDI And FSR Enforcement Trends in Europe: July and August 2024 – Hard Times For Chinese Investments In Europe?
Note from the Editors This post was first published on the Baker McKenzie Blog. By Paul Johnson, Pavlo Prokhorov and Beau Maes, all Baker McKenzie This summer was marked by a particular focus and scrutiny by authorities on transactions involving investors from China, which is typically considered a “risk” jurisdiction from an EU FDI and…
Read More ...CFIS 24: Paris Insights – Securing Europe’s Future: Investment Screening and Economic Security in the Context of EU Enlargement
A Note 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.…
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