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FDI screening rules in Austria, Germany and Switzerland and their impact on transactions

27 January 2022, 5.00pm CET

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FDI screening rules in Austria, Germany and Switzerland and their impact on transactions

Overview

Discussion points:

  • An overview of the different FDI Regimes in the DACH region.
  • How long are FDI proceedings in general and what can parties do to speed proceedings up?
  • What are in your view typical situations, where a filing requirement may be overlooked?
  • What are the consequences of not filing / closing without clearance?
  • Remedies same or different as in merger control?
  • What is the impact on due diligence?
  • What do we have to consider in our SPA contracts?

Speakers

Christian Bürger

Partner, GÖRG Christian Bürger is a partner in GÖRG’s Cologne office. Christian’s practice focuses on German and European Competition law as well as German Foreign Direct Investment law. He has more than 15 years’ experience advising on all aspects of competition law. Christian represents clients in merger control and investments proceedings before the European Commission and the national German authorities. Before joining GÖRG in 2009, he worked for about three years as a lawyer at a major independent German law firm, specialising in competition law. He studied law at the Universities of Bonn, Göttingen, and Freiburg.

Regina Kröll

Attorney at law, Binder Grösswang Regina Kröll is an attorney at law in Binder Grösswang’s regulatory team and advises Austrian as well as international clients in connection with the regulatory framework for their activities in Austria. Regina’s focus is on foreign direct investment (FDI) screening proceedings, state aid and competition law and the legal framework for regulated industries (in particular, the health care and life sciences and energy sector).

Regina started her career as junior lecturer at the University of Innsbruck where she obtained a doctoral degree (Dr. iur.) in 2015. She joined Binder Grösswang in 2015.

Regina has been an external lecturer at the Law Faculty of the University of Innsbruck since 2015 and regularly publishes on current topics in legal journals. She has published a short commentary on the new Austrian FDI regime together with Johannes Barbist and Florian Khol in 2020. Regina speaks German and English. She was admitted as fully qualified attorney to the Austrian Bar in 2019.

Reto Jacobs

Partner, Walder Wyss Reto Jacobs heads the antitrust and competition team. He advises domestic and foreign companies with respect to all competition law issues, represents them before competition authorities and courts, and assists them in complex merger filings. Reto Jacobs advises also with respect to distribution systems and he supports various companies with respect to their antitrust compliance programs. He is lecturer at the University of St. Gall.

Born in 1964, Reto Jacobs was educated at the University of St. Gall (lic. iur. 1990, Dr. iur. 1997). He obtained an additional degree in European competition law from the University of Amsterdam (LL.M. 1993) and stayed as visiting scholar at the University of California at Berkeley.

Reto Jacobs speaks German, English and French. He is registered with the Zurich Bar Registry and admitted to practice in all Switzerland.

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