Experten über neue Investitionsregeln: „Misstrauen statt Vertrauen

Horst Henschen is quoted in Juve regarding the German government’s move to tighten controls of foreign direct investment in the wake of the COVID-19 pandemic. Mr. Henschen says, “The criticism from the economy is partially understandable, especially with regard to the enforcement ban for the acquisition of companies in critical infrastructures. In contrast to merger control, this applies regardless of the size of the parties involved and for all non-EU investors. Above all, however, the investment assessment instrument alone cannot solve all the problems currently being discussed. In some cases, there is even a conflict with the increasingly emphasized interests of producing strategically important goods in Europe, such as pharmaceuticals. In order to strengthen internal market production in this way, economic development would be necessary - provided that production in Europe is not competitive on the world market. Consequential problems could in turn be - possibly illegal - aid. Or trade restrictions such as higher tariffs for imports from third countries.”

He adds, “Many clients are following European developments with suspicious eyes. Others are less aware of what is in store for them. For example, many U.S.-American companies are not even aware that they will have to observe extensive enforcement bans in the future.”