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

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