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8 November 2021

UK introduces a new Regime for screening of Foreign Investment

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On 4 January 2022 a new regime for screening of foreign investments will come into force in the UK (National Security and Investment Act 2021 (“NS&I Act”)). Although political discussions have been going on during the past decade, currently no specific regime applies in the UK. Until now, there has only been limited screening of foreign investments based on Part 3 of the Enterprise Act 2002, which is the legislation setting out the conditions for merger control in the UK.

The new regime establishes a standalone regime and gives more clarity and transparency to what types of deals the ISU could examine and the process for such screenings and introduces the government’s powers to investigate and intervene in mergers, acquisitions and other deals which could imply a threat to the UK national security.

Pernille Nørkær

Partner

+45 30 37 96 40

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Jeanette Kjeldgaard Rasmussen

Senior Associate

+45 30 37 96 44

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