Foreign Investment Control – Current Developments

During the corona crisis public interest focuses on the instrument of foreign investment control especially concerning planned takeovers of system or security-relevant German companies. 

At the end of March the European Commission took a clear position and requested Member States to make full use of all tools available to control foreign direct investments. In April the German Federal Ministry of Economics (Bundeswirtschaftsministerium - BMWi) presented two draft proposals for far-reaching amendments of the current German legal framework for foreign investment control. The proposed amendments provide for a significant expansion of the notification requirements, especially in - conceivably broad understood - health care sector.

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