Posts Tagged ‘Europe’
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 ...Belgium – Screening of Foreign Direct Investment – Annual Report 2023-2024 (30 September 2024)
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Read More ...European Union – Fourth Annual Report on the screening of foreign direct investments into the Union (17 October 2024)
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Read More ...European Union – Commission Staff Working Document (26 July 2024) (EN
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Read More ...France – Annual report 2024 (4 June 2024) (French)
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Read More ...EU – In Depth Analysis: European Economic Security: Current practices and further development
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Read More ...Belgium – Guidance on the application of the Belgian FDI screening regime (4 April 2024) (Dutch)
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Read More ...Germany – Special Fees Ordinance (German)
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Read More ...EU – Special report by the European Court of Auditors
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Read More ...Lessons learned from the “Kleo Connect” Case
By Janosch Wiesenthal, University of Lüneburg Due to its geo-economic orientation, both politicians and legal scholars usually perceive investment screening as a field being at the mercy of political interests. The “Kleo Connect” case confirms that this traditional perception still holds true. In addition, it also reveals that investment screening mechanisms might be…
Read More ...Huawei Technologies Co. LTD. v. The Kingdom of Sweden – ISDS as a potential remedy against the Huawei ban from the 5G rollout?
By Kilian Wagner, University of Vienna Spearheaded by the United States, several states including Australia, Canada, Japan and the United Kingdom have imposed restrictions on the Chinese tech-giant Huawei. These measures essentially ban Huawei’s products for the roll-out of the infrastructure for the fifth generation of wireless technology (5G) on national security grounds. The…
Read More ...Screening Regime for Foreign Investment to be Introduced in Ireland
By Conor Hand, Deputy Director Investment Screening Unit at the Department of Enterprise Trade and Employment (Ireland) Introduction In an increasingly interconnected world, the national and global security environment is becoming more contested and complex. Reflecting this changing environment, and the increasing diversification of threats, the Irish Government has passed a key piece of…
Read More ...Marking a New Investment Era in Sweden: Enter the Swedish FDI Regime
By Pouya Ghotbi, Wistrand Advokatbyrå Background In 1916, the Swedish government introduced a piece of legislation restricting the right of foreigners to invest in Sweden. During the 1970s and early 1980s, the legislation was further tightened, making it difficult for foreigners to acquire businesses in Sweden without government scrutiny. The Act was abolished 1991,…
Read More ...European Commission – Summary results of the Targeted consultation on the evaluation and revision of the EU FDI Regulation (28 November 2023) (English)
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Read More ...Sweden – Foreign Direct Investment Act (September 2023) (Swedish)
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Read More ...Ireland – Screening of Third Country Transactions Act (English)
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Read More ...Taking due process seriously – The Administrative Court of Berlin doubles down on FDI procedural rules
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Introduction Investment screening is infamous for the low number of judicial proceedings that have challenged the legality of the prohibition and mitigation measures imposed by governments. As a result, there is, as yet, no strong body of case law clarifying how investment screening…
Read More ...Germany – 20th Ordinance amending the German Foreign Trade and Payments Ordinance (27 September 2023) (English)
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Read More ...Country Note Serbia 2023
CELIS Country Note on Serbia, 2023 by Luka Marosiuk Date of Publication: 25 October 2023 The Republic of Serbia promotes itself as an open country and tries to attract as much foreign investments as possible, from various sources and in various fields. In the last year (2022), the Republic of Serbia attracted numerous foreign direct…
Read More ...Country Note Belgium 2023
CELIS Country Note on Belgium, 2023 by Thijs de Cuyper Date of Publication: 25 October 2023 The Belgian cross-sectoral Investment Screening Mechanism (ISM) has recently entered into force. The objective of this mechanism is to identify and mitigate risks related to Foreign Direct Investments in Belgian critical infrastructure and strategic assets. The journey towards creating…
Read More ...Country Note Norway 2023
CELIS Country Note on Norway, 2023 by Charlotte Hafstad Date of Publication: 25 October 2023 Since 1 January 2019, investments in Norwegian companies that are subject to the Security Act, have been screened by Norwegian authorities. The screening provisions of Chapter 10 in the Security Act have recently been amended, though they has not entered…
Read More ...Evaluation Report on Amendments to the German Investment Screening Mechanism
By Jonas Fechter, University of Münster / CELIS Deputy Assistant Director I. Legislative changes and reporting duties Over the past couple of years, investment screening has become a central legislative instrument for promoting security and public order in many Western countries. When Germany first introduced its two-tier screening system in 2004 (military sector) and…
Read More ...The ECJ’s Judgment in Xella – Judicial Cherry Picking?
By Alexia Crivoi, Vienna University of Economics and Business Introduction In the much-discussed Xella judgment of July 13 2023, the Court of Justice decided two things: that the scope of the EU FDI Screening Regulation does not extend to ‘indirect FDI’, rejecting arguments relating to the company structure of an EU-based but foreign-owned investor…
Read More ...Estonia – Foreign Investment Reliability Assessment Act of 25 January 2023
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