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Key points to remember
- Anticipate legal checks from the earliest stages of the project, if you operate in a sensitive sector (defense-related data, critical technologies, energy infrastructure) or when a company involved in the operation has benefited from foreign financial assistance.
- Gathering information can be time-consuming and resource-intensive, particularly because the concepts of turnover and foreign financial contributions, as defined by European Union law, are autonomous concepts and do not necessarily appear in company accounts.
- Proactive dialogue with the authorities can help to streamline the review of the case and reduce uncertainties.
- These issues must be integrated from the structuring phase of the operation, as the applicable regulatory notifications are accompanied by periods of suspension before the operation can be carried out.
Although merger control may apply, this article will deal specifically with the control of foreign investment and foreign subsidies in France and the European Union.
Read the full article at dcmag.fr.