12th IBA European Corporate and Private M&A Conference

8 Feb - 9 Feb 2024

Session information

Enhancing best practice - live negotiation of foreign direct investment (FDI) terms

Thursday 8 February (1445 - 1545)

Description

In the last few years foreign direct investment regimes have mushroomed in various shapes and forms, in many jurisdictions around the world. They have also become an important reality in the European M&A world and need to be addressed properly in transaction agreements. While we are more accustomed to negotiating provisions for antitrust clearance, terms and conditions relating to FDI regimes are a relatively new challenge. The panel will briefly elaborate on the latest developments in the area of antitrust and FDI, as well as highlight some commonalities and differences of those regimes. However, the main part of the session will be dedicated to a live mock negotiation of FDI provisions in a European acquisition agreement.

Session / Workshop Chair(s)

Sergio Sanchez Sole J&A Garrigues, Barcelona, Spain; Co-Chair, Online Services Committee

Speakers

Steven Cohen Wachtell, Lipton, Rosen & Katz, New York, New York, USA; Member, Corporate and M&A Law Committee Advisory Board
Francesco Gianni Gianni Origoni, Rome, Italy; Member, Senior Lawyers' Committee Advisory Board
Nadege Nguyen Gide Loyrette Nouel A.A.R.P.I., Paris, France; LFMC Materials Co-Officer, Law Firm Management Committee
Veronica Roberts Herbert Smith Freehills LLP, London, England