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Foreign direct investment screening: Germany lowers FDI screening threshold for certain industries

 

20 December 2018

On 19th of December 2018, the German government adopted amendments to the foreign direct investment screening regime.  

​The German government decided to lower the thresholds for FDI screening in certain industries. Whilst, so far, the review applied to investments of 25 % or more of the voting rights in a German company, the threshold will be 10 % for certain industries from now on.

The new 10% threshold applies to acquisitions of companies active in the defence and encryption sector as well as companies operating or connected to so-called critical infrastructure.

In addition to lowering the threshold, the German government also included media businesses in the list of critical infrastructures.

Even though the threshold is now even lower than initially discussed, Germany remains an investor friendly country. According to the Ministry of Economic Affairs, there are currently 80 to 100 cases per year and, taking apart the precautionary order in the Leifeld case, no formal prohibition has taken place so far.

Please click here to read the full briefing note "German government lowers FDI screening threshold for certain industries" >>

 

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