December 01, 2023

What Lawyers Can Learn From FDI Screening Report Findings


In his recent Law360 article “What Lawyers Can Learn From FDI Screening Report Findings,” London associate Jonathon Gunn discussed the European Commission’s third annual report on the screening of foreign direct investments (FDI) into the EU. Within the report, it was shown that there has been a significant decrease in FDI into the EU, with inward FDI negative in absolute terms, albeit greenfield FDI held up better than mergers and acquisitions FDI.

Gunn noted, “The proliferation of screening frameworks across EU member states makes it imperative for legal practitioners to be up to date and well versed on evolving EU FDI screening mechanisms.”

Within the article, Gunn shared which states have recently updated their screening frameworks and advised legal practitioners to be alert to jurisdictional variances, and adept at assessing screening risk and formulating appropriate mitigation strategies.

He warned that, “it may be difficult to institute a single pan-EU process along the lines of the one-stop-shop principle under the EU General Data Protection Regulation for data protection or the EU Merger Regulation for competition law.”

The full article is available to Law360 subscribers.

Full Article

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