FDI And Antitrust Regimes Receive Welcome Clarifications Under New Law

The FDI and antitrust regimes are undergoing some significant changes, primarily aimed at standardising the gun-jumping regime. These changes seek to ensure a more consistent and predictable outcome for all investors, regardless of their nationality.

The Romanian FDI regime in a nutshell

The Romanian FDI regime, implementing the EU FDI Regulation, officially came into force almost two years ago, as discussed here. It has already been subject to several rounds of refinement and further clarifications by subsequent legislation. The most significant amendments, brought about by Law No. 164 of 31 May 2023 and Government Emergency Ordinance No. 108 of 29 November 2023, significantly broadened the scope of the regime, formally extending the screening process to EU investors. This formal change has not come as a surprise to practitioners, as it merely reflected the authority's interpretation and real-life practice.