WilmerHale (JD Supra Germany)
From Niche to Standard? M&A Transactions Under Scrutiny by the German Foreign Direct Investment Regime
The German federal government recently passed the 17th amendment to the Foreign Trade and Payments Ordinance (Außenwirtschaftsverordnung—AWV), which considerably expands the scope of foreign direct investment (FDI) screening in Germany. The new AWV rules apply to all transactions signed after May 1, 2021.
German Antitrust Law Amendment Entered into Force: "Digitalization Act" Establishes New Antitrust Rules for the Digital Economy
The 10th amendment to the German Act against Restraints of Competition (ARC) - also called the “Digitalization Act” - became effective on January 19, 2021. In a previous alert, we discussed the key aspects of the Digitalization Act, which focus on the digital economy and related antitrust issues.
International Arbitration Alert - Revision of the DIS Arbitration Rules
The German Institution of Arbitration (Deutsche Institution fu¨r Schiedsgerichtsbarkeit, or “DIS”) has revised its Arbitration Rules (“Rules”). The new Rules came into effect on 1 March 2018 and replace the 1998 DIS Rules. The revision introduces major changes to the existing arbitral procedure under the DIS Rules and is the result of an extensive consultation process which lasted for almost two...
German Government Amends German Foreign Trade and Payments Ordinance to Widen Control of Foreign Takeovers of Critical German Companies
On July 12 the German federal government adopted important amendments (the amendments) to the German Foreign Trade and Payments Ordinance (the Ordinance), allowing for wider control of foreign corporate takeovers with a view to enhancing the protection of companies that are active in security-sensitive areas and that provide critical infrastructure. Under the Ordinance, the Federal...
German Cum/Ex-Trades: Enhanced Risks and Industry-Wide Challenges
The German and international financial industries and their advisors have come under new pressure to investigate so-called 'cum/ex' trades conducted between 2000 and 2012. For many years, tax authorities and criminal prosecutors have pursued banks and their advisors for claiming tax refunds in connection with stock trades conducted around the time of a company's dividend date.