Yesterday, we co-hosted the first “Christ&Company Dialogue” on restrictions on foreign direct investments together with Christ&Company.
We took a look at the recent developments in this area based on the EU Screening Regulation, the German Foreign Trade Act and the German Foreign Trade Ordinance. We discussed their repercussions on the freedom of investment and world trade. In the course of the discussion, some attendees emphasized the importance of the protection of national security interests. They also pointed out the need for reciprocity in view of regulatory measures abroad, especially in China. While there was general consensus on the importance of national security, many participants expressed doubts as to the current need for further FDI regulation. Furthermore, the adequacy and proportionality of the planned regulations, especially in view of their very broad scope of application, was questioned. With regard to the foreseen notification requirements for a number of new areas, many attendees expressed concerns about the future predictability of investments, which is particularly important in the venture capital sector.
We would like to thank the panel, composed of Michael Theurer, Dr. Joachim Lang, Rudolf Scharping, Dr. Arnold Wallraff and David Hanf for their valuable input and for taking the time to answer our and our guests’ questions. We furthermore appreciate Dr. Annekatrin Gebauer’s and Dr. Roland Stein’s contributions as moderators of the dialogue.
Also, we would like to thank our guests, especially our friends from Gütt Olk Feldhaus, Kirkland & Ellis, PXR Legal/ PXR Tech, RASCHKE VON KNOBELSDORFF HEISER, Daniel Annoff and Schnittker Möllmann Partners, for coming and contributing to the vivid discussion.
Special thanks go to Dr. Annekatrin Gebauer and Harald Christ of Christ&Company for organizing the event. We had quite some fun and look forward to similar encounters in the future.
If you are interested in the most recent developments concerning the German Foreign Trade Act and their implications for everyday FDI control read Dr. Roland Stein’s and Dr. Anna Schwander’s article published in the StB.