Foreign investment monitor
Issue 6, May 2023
FI Monitor Issue 6, 2023
Welcome to our sixth Foreign investment monitor
In this edition, we look at the opportunities – and obstacles – presented by evolving FDI regimes around the world.
We examine the implications of recent developments in FDI regulatory regimes, shed light on the challenges faced by investors and offer guidance on successfully navigating them.
From the new challenges posed to M&A in Europe by the EU’s Foreign Subsidies Regulation to the various approaches taken by different European authorities to US investors, we analyze the evolving landscape and provide insights on the impact of these changes.
In collaboration with Clayton Utz, one of our StrongerTogether partner firms, we feature an article looking at how Australia's expanded screening process will bring more transactions within the scope of its regime.
We also focus on the first-ever enforcement and penalty guidelines issued by the Committee on Foreign Investment in the United States (CFIUS) and discuss the Committee’s attitude toward enforcement following their release. Finally, we look at recent developments surrounding the UK’s wide-ranging national security and investment regime.
Join us as we delve into these crucial topics, providing the knowledge and insights necessary to navigate the complex global investment landscape. If you would like to discuss any FDI issue in more detail, we would be delighted to arrange a meeting. If there is something you'd like to see us cover in the next monitor, do let us know.
- Introduction
- EU Foreign Subsidies Regulation poses new challenges for M&A in Europe
- US investment into Europe – evolving scrutiny of a major FDI partner
- An expanded Australian screening process placing FDI under greater scrutiny
- CFIUS puts investors on notice of increased enforcement efforts with first ever enforcement and penalty guidelines
- The UK’s national security and investment regime – key developments as practice continues to evolve
Our team
Please get in touch with us or your usual Freshfields contact if you would like to discuss these or any other regulatory issues in more detail.

Alastair Mordaunt Partner
London, Hong Kong

Aimen Mir Partner | Foreign Investment and National Security | Head of CFIUS Practice
Washington, DC

Dr. Frank Röhling Partner
Berlin

Rafique Bachour Managing partner
Brussels

Ignacio Borrego Of Counsel
Madrid

Colin Costello CFIUS and National Security Advisor
Washington, DC

Pascal Cuche Public Law
Paris

Dr. Stephan Denk Partner
Vienna

Ninette Dodoo Partner
Beijing

Dr. Maria Dreher-Lorjé Partner
Vienna, Brussels

Dr. Juliane Hilf Partner
Düsseldorf

Álvaro Iza Partner
Madrid

Sarah Jensen Counsel
London

Winfred Knibbeler Partner
Amsterdam

Christine Laciak Special Counsel
Washington, DC

Dr. Jérôme Philippe Partner
Paris, Brussels

Alex Potter Partner
London, Brussels

Dr. Uwe Salaschek Counsel
Berlin

Ermelinda Spinelli Partner
Milan, Rome

Paul van den Berg Partner
Amsterdam, Brussels

Dr. Andreas von Bonin Partner
Brussels

Kaori Yamada Partner
Tokyo