Effects of the recent AWV amendment on international transaction practice

Despite signi­fi­cant criti­cism from busi­ness asso­cia­ti­ons and abroad, the 9th Ordi­nance Amen­ding the Foreign Trade and Payments Ordi­nance (AWV) came into force on July 18, 2017, which the Fede­ral Minis­try for Econo­mic Affairs and Energy (BMWi) wants to bring about fair compe­ti­tion and better protec­tion of criti­cal infra­struc­tures in the case of company take­overs by non-EU inves­tors. This regu­la­tion raises nume­rous ques­ti­ons and problems. You can read the detailed author contri­bu­tion by Florian Hirsch­mann and Tobias Schulz, both DLA Piper on this highly topi­cal issue in the new FYB 2018 issue. It will be published in mid-November.