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

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

The first 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. This comprehensive online guide provides practical and timely guidance for both practitioners and enforcers trying to navigate this ever-evolving Foreign … Read more

UK National Security and Investment Act 2021: what do investors need to know?

On 4 January 2022 the UK National Security and Investment (NSI) Act enters into force, introducing a new foreign direct investment (FDI) regime with standalone powers for the review of FDI in the UK. The new regime replaces the existing public interest merger regime provisions of the Enterprise Act 2002 insofar as a transaction involves … Read more

The UK’s new NSI regime – Key practical insights

On 3 November 2021 Herbert Smith Freehills LLP hosted a webinar, with speakers from the Department for Business, Energy and Industrial Strategy (BEIS), on the UK’s new National Security and Investment regime.  The new regime will overhaul the ability of the UK Government to review transactions on national security grounds, and potentially require remedies to … Read more

National Security and Investment: UK Government confirms commencement date for new regime and publishes new guidance, regulations and consultation

On 20 July 2021, the UK Government announced the commencement date of the substantive provisions of the National Security and Investment Act 2021 (the “Act“), and published new guidance for business on the requirements of the Act, new Draft Notifiable Acquisition Regulations, and a new consultation draft of the Section 3 Statement (also known as … Read more

German Government Introduces Significant Amendment of FDI Rules

Germany is continuing to tighten and develop its FDI regime: After various legislative actions in the course of 2020, the German Federal Government agreed on significant amendments of the existing FDI rules which will enter into force with its publication in the Federal Gazette (Bundesanzeiger). During the last year, the German legislator has lowered the thresholds … Read more