Moves towards greater transparency under the UK National Security and Investment Act?

The National Security and Investment Act 2021 (NSIA) introduced a new standalone UK regime for the review of certain transactions and investments on national security grounds, which entered into force in January 2022 (see our earlier detailed briefing). Concerns have been raised by both businesses and advisors about the lack of transparency of decision-making under … Read more

Foreign Investment Regulation Group Update: Spotlight on Energy and Infrastructure

Our global network of Foreign Direct Investment (FDI) experts meet regularly to share key developments across our regions, to ensure our teams are well briefed on the rapidly evolving FDI regimes affecting cross-border transactions. Following feedback from clients we are pleased to be able to open some of these calls up for an external audience, … Read more

Concurrences Antitrust Writing Awards: HSF overview of global trends in FDI regulation wins Best Business Article – Cross Border Issues

We are delighted to share that our overview of global trends in foreign direct investment (FDI) regulation has been selected as the winning Business article in the Cross-Border Issues category at this year’s Concurrences Antitrust Writing Awards. Many existing FDI screening regimes have been expanded in recent years and – particularly in the EU – … Read more

The National Security and Investment Act one year on: Public M&A podcast

In the latest episode in the HSF UK public M&A podcast series, Veronica Roberts and Gavin Davies discuss the impact of the National Security and Investment Act (NSIA) on takeovers, looking back over the first 12 months of operation of the new investment screening regime. In particular, they consider: the decisions we have seen under … Read more

GCR Foreign Direct Investment Regulation Guide – second edition: now live and free to access online

The second edition of the Global Competition Review (GCR) Guide to Foreign Direct Investment Regulation – edited by Veronica Roberts, competition and foreign investment partner at Herbert Smith Freehills – has now been published online. The Guide has been comprehensively updated to reflect important recent developments in the fast-moving Foreign Investment Regulatory landscape. It draws … Read more

Foreign Investment Regulation Group Update: Spotlight on Tech M&A

Our global network of Foreign Direct Investment (FDI) experts meet regularly to share key developments across our regions, to ensure our teams are well briefed on the rapidly evolving FDI regimes affecting cross-border transactions. Following feedback from clients we are pleased to be able to open some of these calls up for an external audience … Read more

Commission publishes the Second Annual Report on the screening of FDI into the European Union

On 1 September 2022, the European Commission (“Commission”) published the Second Annual Report on the screening of foreign direct investments (“FDI”) into the European Union (available here), and the accompanying Commission Staff Working Document (available here), pursuant to the annual reporting obligation under Article 5 of Regulation (EU) 2019/452 (“FDI Regulation”). This is the second … Read more

Commission issues Guidance on FDI from Russia and Belarus and calls for greater scrutiny due to increased risk of harm to security or public order

On 6 April 2022, the European Commission (“Commission”) issued Guidance to Member States on how to screen foreign direct investment (“FDI”) from Russia and Belarus into the EU, in light of the ongoing military conflict in Ukraine (“FDI Guidance”). Following Russia’s unjustified attack against Ukraine, with the active support of Belarus, the Commission is concerned … Read more