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Linklaters

Foreign Investment

Our long-established global foreign investment team has extensive experience in assessing foreign investment regulatory risk and managing foreign investment reviews around the world

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Foreign Investment Control

In recent years - and boosted by the pandemic and the war in Ukraine - there has been a paradigm shift in the importance and frequency of foreign investment reviews as part of the deal process. An increasing number of jurisdictions have introduced or are introducing rules restricting foreign investment - or have strengthened existing regimes. Growing technology-based security threats, geopolitical shifts and the breakdown of globalism, and a greater focus on onshoring supply chains and building domestic resilience in strategic industries have all contributed to this trend.

More than ever, it is imperative for dealmakers to consider foreign investment issues upfront in order to mitigate any potential risks and/or delays. Where the proposed investment involves a merger or acquisition, there may be overlaps with merger control filings and, potentially, the EU Foreign Subsidies Regulation, which also need to be managed carefully. Further, as foreign investment authorities increasingly co-ordinate their review of cases, it is crucial for clients to factor in the “wider picture” and align processes to get the deal through in an ever more complex regulatory environment.

Our global foreign investment team has extensive experience in assessing foreign investment regulatory risk and managing foreign investment reviews around the world, including transactions involving a wide range of sectors. Combined with our leading global antitrust practice, Linklaters is one of the world’s leading practices for foreign investment, offering truly integrated advice and assistance, including insights into changes in the political landscape.

Foreign Investment Control at Linklaters

  • Provide clear, commercial advice on foreign investment control risk at the outset of a deal and offer innovative solutions where required to deliver a successful outcome on a global level
  • Work with advisers to ensure that foreign investment considerations of the transaction are integrated into the deal and strategy
  • Offer clients a one stop shop for handling foreign investment, merger control, and foreign subsidies filings: a single, central point of contact, providing efficiencies and transparency
  • Co-ordinate and make notifications to regulatory authorities around the globe, ensuring a consistent and coherent approach and utilising the close relationships we have built with many regulators
  • Effectively mesh political, economic and legal arguments and deploy advocacy skills based on our understanding of the nature of security interests and investors of concern to achieve clearance with or without mitigation
  • Keep on top of changes depending on the political climate and the enforcement priorities around the globe 

 

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Foreign Investment Watch, 2023, 2022, 2021, 2020

Global Elite 
Global Competition Review, 2023, 2022, 2021, 2020

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ForeignInvestmentLinks

Explore our global foreign investment blog, where you will find insights, commentary and news from our dedicated foreign investment lawyers around the globe.

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Foreign Investment Podcast Series

Throughout this global foreign investment podcast series, lawyers from across our offices will be joined by speakers from global regulators to bring a different viewpoint on the practical issues, interesting quirks and thoughts on how to navigate deals throughout their respective regimes.

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Navigating the NSIA: A series

In this series, we feature a number of resources, including a high-level summary of the key provisions of the Act, together with podcasts and blog posts dealing with specific aspects of this new regime.

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Navigating U.S. Foreign Investment

We have issued a series of notes introducing the new regulations as they are released, including a high-level summary of key provisions and additional notes, available below, providing details on some of the changes to CFIUS’s jurisdiction and processes.

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Antitrust & Foreign Investment

Our truly integrated global competition group provides market-leading legal expertise across the spectrum of competition matters, wherever our clients do business.

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Welcome to our Competition blog, where you will find insights, updates and news from our Competition / Antitrust team across the globe.

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Merger Control

Linklaters’ truly global competition team works with clients to devise their global merger control strategy. We combine commercial, legal, economic and often political considerations to maximise the chance of a successful outcome.

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Rhino: EU Merger Control Analysis

Rhino is our digital platform for EU merger control analysis with statistics, updated monthly, and commentary. Rhino’s five modules focus on phase I and phase II intervention rates, review durations, substantive assessment, and remedies.

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Platypus: UK Merger Control Analysis

On our Platypus page, we present key statistics showing the UK Competition and Market Authority’s evolving approach to merger control. We combine this with periodic commentary and case analysis drawing on our team’s experience on many of the biggest UK merger control investigations in recent years.

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State aid

Companies increasingly view State aid law as a powerful tool to challenge the legality of fiscal regimes and other State measures which favour their competitors. Our clients gain a competitive advantage from our wealth of experience in handling complex State aid cases.

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Foreign Subsidies Regulation

The FSR builds on elements of State aid, merger control, foreign investment, public procurement, and trade defence. Our global team is one of the world’s leading practices across the spectrum of these matters and we have the skills, experience and bandwidth required to prepare your business. 

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Trade law

Linklaters' Trade Law lawyers work with our clients to navigate complex trade law risks and maximise the opportunities for cross-border trade.

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We provide seamless global support, offering foreign investment advice either directly through our own offices or through trusted local counsel in key jurisdictions and beyond. We have highlighted below the notable features of the regimes in a set of particularly key jurisdictions. Do not hesitate to reach out to us in case of questions on these jurisdictions or any other country globally.

What we do

Foreign Investment & Merger Control
Antitrust Investigations and Litigation
Public procurement
State Aid & Foreign Subsidies Regulation
Economic & Utility Regulation
Digital Platform Regulation
UK Consumer Law

Foreign Investment & Merger Control

At Linklaters, we have world-leading experience thanks to our dedicated and truly integrated global network. We are continually monitoring developments in this rapidly evolving area in order to remain ahead of the curve. We offer clients a one stop shop for handling merger control and foreign investment review filings: a single, central point of contact, as well as a consistently high level of quality.

FIND OUT MORE ABOUT OUR FOREIGN INVESTMENT OFFERING

Merger control is critical to the success of any M&A transaction. Linklaters’ truly global team works with clients to devise their global merger control strategy. We combine commercial, legal, economic and often political considerations to maximise the chance of a successful outcome. We offer clients a one stop shop for handling merger control and foreign investment review filings: a single, central point of contact, as well as a consistently high level of quality.

FIND OUT MORE ABOUT OUR MERGER CONTROL PRACTICE

Antitrust Investigations and Litigation

With our global footprint and on-the-ground experience in multiple jurisdictions our Antitrust & Foreign Investment team support clients through the broad spectrum of challenges that arise before, during and after an investigation into behavioural conduct issues.

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Public procurement

Linklaters has extensive experience of advising on the application of the EU procurement Directives and the implementing regulations adopted in various Member States. We have been involved in many important projects for both private and public sector clients (including national governments), which have required a combination of detailed technical legal expertise, innovative thinking and commercial focus.

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State Aid & Foreign Subsidies Regulation

In this evolving legal environment, companies with no previous (and often no foreseen) exposure to State aid issues are increasingly affected by the rules. Companies increasingly view State aid law as a powerful tool to challenge the legality of fiscal regimes and other State measures which favour their competitors. Our clients gain a competitive advantage from our wealth of experience in handling complex State aid cases.

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The FSR builds on elements of State aid, merger control, foreign investment, public procurement, and trade defence. Our global team is one of the world’s leading practices across the spectrum of these matters and we have the skills, experience and bandwidth required to prepare your business. We advise on the most complex and strategic matters and have an award-winning reputation for innovation and excellence.

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Economic & Utility Regulation

The team has advised on price controls, market access and liberalisation for utilities companies, as well as on the regulatory issues arising in the context of mergers and acquisitions and financing/restructuring transactions.

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Digital Platform Regulation

Linklaters is at the forefront of advising on the emerging regulatory landscape for digital platforms including the EU Digital Markets Act and the UK’s Strategic Market Status Regime. We advise both regulated platforms and other stakeholders on opportunities and challenges arising from the evolving global regulatory environment. 

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UK Consumer Law

Linklaters’ cross practice consumer law team provides pragmatic, business-oriented advice to help our clients manage consumer law risk exposure in a quickly evolving area. We combine vast experience in managing investigations with tactical flair with in-depth technical expertise.

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Key Contacts

We are able to offer foreign investment advice, either directly through our own offices, or through trusted local counsel in key jurisdictions and beyond. Please speak to your local Linklaters contact for further information.

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