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Seven months after the coming into effect of the Dutch general investment screening regime, as laid down in the ‘Vifo Act’, the screening practices of the Dutch foreign investment screening desk (the BTI) may still appear a mystery to many. However, while the BTI has yet to publish its first decision, it has lived up to its promise to be available for informal discussions on the interpretation of the Vifo Act.
2022 marks the second year of the EU Foreign Direct Investment (FDI) Regulation, and the year in which legislators haven been busy shaping the Dutch national security screening regime and the EU Foreign Subsidies Regulation, which will enter into force in 2023. Get ready for more action! FDI EU FDI regimes in the EU have been an increasing topic of discussion in recent years. Recent numbers show that 25 of the 27 EU member states have an FDI regime in place or are in the process of creating one.
While 2022 mainly revolved around new and improved regulatory tools, the main focus in 2023 will likely be on putting these tools to use. New tools are either in place or on the horizon for levelling the playing field in antitrust issues, M&A transactions and consumer-law enforcement.
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