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

On 5 May 2021, the European Commission (Commission) issued its proposal for a Regulation on foreign subsidies distorting the EU market. This follows on from the Commission’s White Paper issued in June 2020 (see our blog post here) and the extensive public consultation that ensued. Read more

On 23 March 2021, the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato, “ICA” or the “Authority”), in its consulting role for the Government in the context of the enactment of the annual competition law, issued a series of proposals for reforms. Read more

On 29 April 2021 the UK National Security and Investment (NSI) Bill received Royal Assent. The NSI Act 2021 introduces significant legislative reforms which will overhaul the review of transactions and investments on national security grounds in the UK, against a backdrop of tightening of foreign direct investment (FDI) regimes globally. The new regime represents … Read more

The European Union has adopted a bold new approach towards the use of the referral mechanism set out in Article 22 of the European Union Merger Regulation (“EUMR“). As a result, transactions which do not qualify for review under merger control regimes in Member States can now be referred to the European Commission for assessment and … Read more

On March 22, 2021, the US Court of Appeals for the Fourth Circuit upheld its earlier decision ordering the divestiture of a corporate acquisition in a private antitrust lawsuit, where US merger control authorities had previously cleared the transaction.  The decision represents the first time a transaction approved by the US Department of Justice’s Antitrust … Read more

On 26 March 2021 the EU Commission (Commission) published revised guidance on the referral mechanism set out in Article 22 of the EU Merger Regulation (EUMR), under which the Commission will now accept referrals from Member States for deals that fall below the domestic jurisdictional thresholds of the referring country, in order to capture more … Read more

Businesses around the world are increasingly looking towards strengthening their environmental, social and governance (ESG) performance. In doing so, many businesses may seek to collaborate with their peers, for example through setting industry standards in relation to certain ESG issues or cooperating to tackle key risks in their sector. Read more