Foreign investment filings and merger control filings: navigating the European and global regulatory seas when your company invests, acquires or enters into a joint venture

The European Union (EU) has recently proposed new rules establishing a framework for the review of foreign investments in the EU on the grounds of security or public order (“Commission Proposal”). [1] The proposed new rules respond to the increased number of acquisitions by foreign companies in sectors that are considered sensitive or strategic for the national security of Member States.  These rules add to the existing requirements for the review of foreign investment, as well as merger control filings around the world.  Companies entering into a merger and acquisition deal, including a joint venture or a minority shareholding, will need to carefully assess in which jurisdictions they have to file and under which sectorial regime.

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