On 28 April 2020, the German government published a ministerial draft for an amendment of the Foreign Trade and Payments Ordinance (“Draft Ordinance”). The amendment supplements the existing Foreign Direct Investment (“FDI”) regime in order to tighten it with respect to acquisitions of critical companies in the healthcare sector by purchasers from third countries. The
Horst Henschen is an of counsel in Covington’s Frankfurt office and a member of the firm’s global antitrust and competition team.
Leveraging over 20 years of experience in antitrust matters, Horst provides advice in complex M&A and joint venture transactions requiring international antitrust merger control approvals both in Europe, including in Germany and worldwide. Horst also represents clients with fine proceedings before the Federal Cartel Office and the European Commission and coordinates immunity/leniency proceedings on a worldwide basis.
In addition, Horst represented a number of non-EU companies in their foreign investment application to the German Federal Ministry of Economic Affairs and Energy securing a Certificate of Non-objection ("Unbedenklichkeitsbescheinigung") for their acquisition of shares in a German company.
Horst has represented companies of a range of sectors, including life sciences and financial services, advising on all aspects of EU, German and international antitrust law, in particular in connection with merger control, cartel investigations and antitrust compliance programs and internal investigations.