On 21 March 2019, Regulation (EU) 2019/452 of the European
Parliament and of the Council of 19 March 2019 establishing a
framework for the screening of foreign direct investments into the
Union ("FDI Regulation") was published in the Official
Journal of the European Union. The FDI Regulation will
enter into force on 10 April 2019 and will apply to transactions
from 11 October 2020 onwards. As explained in more detail below,
any transaction that is not undergoing screening in the EU and is
completed on or after 11 July 2019 can in principle still be
commented on by Member States or be the subject of the opinion of
the European Commission ("Commission") when the FDI
Regulation becomes applicable (on 11 October 2020).
The FDI Regulation represents a fundamental evolution. It is the
first time that the screening of foreign direct investments
("FDI") is regulated at European Union ("EU")
level. It has the potential to significantly impact those investors
from third countries that consider investing in the EU.
Importantly, it can also be of relevance to those EU investors
interested in EU target companies that have reason to believe that
they compete with third country investors.
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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
