Further Tightening of the German Investment Control Regime – a Critical Overview and Outlook

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With the First Amendment Act to the Foreign Trade and Payments Act, which came into force on 17 July 2020, and the Fifteenth Amendment of the Foreign Trade and Payments Regulation of 3 June 2020, which was hastily pushed forward in the light of the corona pandemic, more M&A transactions will in future fall within the scope of the German investment control regime than was previously the case.

In his article, Dr. Germar Enders explains how the state’s powers of inspection and intervention are again being expanded and the regulatory regime is further tightened as a whole. The article analyses the material changes of the law and their effects on transaction practice.