Publication
Ireland
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
Global | Publication | August 2024
In Mexico, foreign direct investments (FDI) are regulated by the Foreign Investment Law (FIL). Under the FIL, as a general rule, foreign investors are afforded the same rights, obligations and remedies available to Mexican nationals.
However, forcing investors are required to obtain approval from the National Commission of Foreign Investment (Commission) if they wish to obtain an equity stake of more than 49 percent of the shares of a Mexican company with assets whose aggregate value at the time of the acquisition exceeds the threshold determined annually by the Commission (currently about USD$1 million) and which is active in any of the following sectors:
To obtain approval, foreign investors must file a questionnaire detailing the origin of their investment and pay a nominal fee. The Commission has 45 business days to issue its approval.
In addition, Article 27 of the Mexican Constitution provides that foreigners are not permitted to acquire direct domain over lands and waters within one hundred kilometers from the national borders inland or fifty kilometers from the seashore. Also, foreign capital is capped at 49 percent in certain strategic sectors, including: shipping, broadcasting, air transportation, and port administration.
Like other jurisdictions, throughout 2020 Mexico was very active in issuing administrative resolutions, decrees and recommendations to mitigate, contain and address the COVID-19 pandemic. However, no such resolutions, decrees or recommendations were specifically directed towards FDI, rather, all such resolutions were (and in some cases continue to be) applicable to private investment in general.
Publication
On 31 October 2023, the Screening of Third Country Transactions Act 2023 (the “Act”), which establishes a new foreign direct investment ("FDI") screening regime in Ireland, was enacted.
Publication
The European Commission (EC) is contemplating a revision of the procedural framework for antitrust investigations that is laid down in Regulation 1/2003 and Regulation 773/2004 (together, the “Regulations”).
Publication
On 01 August 2024, the European Commission (EC) launched a public consultation on the draft text of the Guidelines on the application of Article 102 TFEU to abusive exclusionary conduct by dominant undertakings (the draft Guidelines).
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