FDI & M&A

In Tech globally, FDI screening – in addition to competition screening – increasingly determines the feasibility of transactions. Foreign direct investment (FDI) screening has been rapidly introduced and made more stringent, especially in Western countries like the Netherlands that previously had no such screening mechanism in place.
FDI & M&A
Keep up to date with our News Updates
Subscribe

On this page

The scope of FDI screening has also widened in recent years. Not only archetypical topics such as critical infrastructure (seaports, airports and nuclear energy) and goods for military purposes are included. More and more important technologies (such as specialised semiconductors or software for payment systems) are subject to FDI screening.

Without a clear strategy at the outset of the transaction, the processes surrounding FDI screening can lead to unexpected delays or have an unforeseen impact on the target company’s activities. Without a clear view at an early stage of the FDI screening requirements that may be expected, negotiating on how to allocate the associated risks cannot be properly conducted . Adequate and timely preparation is therefore essential and requires a good understanding of the activities of the buyer and the target company. In addition, an excellent network of FDI experts in the various jurisdictions in which a target company operates is necessary to explore the strategic options available.

Houthoff assists its clients (both buy-side and sell-side) in identifying the risks, developing a strategy, and assisting in FDI notification procedures. Houthoff works with the best advisers on this subject in the relevant jurisdictions when needed.

Corporate/M&A
Mergers and acquisitions are among the most transformative decisions a business can make – whether driven by ambitions for growth, entry into new markets, evolving industry dynamics or long-term investment objectives. These transactions demand clear insight and the ability to navigate legal and regulatory complexity across jurisdictions.
Foreign Direct Investments
The European Union is the largest destination for Foreign Direct Investments (FDIs): whether by private investors from abroad, or by State Owned Entities. Amid growing concerns about countries using those SOEs for geopolitical purposes, however, further and stricter rules for screening FDIs are being introduced, both by the EU and its individual Member States and by countries such as the US and the UK.

Recent
work

Assisted Nexperia in relation to the Dutch Investment Screening Bureau's (BTI) retroactive investigation into the already completed acquisition of NOWI.

Assisted Nexperia in relation to the Dutch Investment Screening Bureau's (BTI) retroactive investigation into the already completed acquisition of NOWI.

Key
contacts

This site is registered on wpml.org as a development site. Switch to a production site key to remove this banner.