On 13-14 July, Covington’s Peter Camesasca and Sophie Bertin participated in panels discussing developments in Foreign Direct Investment (“FDI”) and Competition enforcement and compliance at the annual Competition Law Asia-Pacific Conference.

Foreign Direct Investment Regimes

On the first day of the conference, Covington partner Peter Camesasca moderated a group of diverse panellists on recent developments in FDI regulation regimes across the APAC region. Prof. Nell Lixia Zhou (Competition Law Center, University of International Business and Economics, Beijing) presented on the new FDI regime implemented in China, focusing particularly on: (1) the pre-entry national treatment of foreign investment and the Negative List; and (2) the investment promotion and protection aspect of the Foreign Investment Law. Carlo D’Andrea (EU Chamber of Commerce in China) shared insights from the Chamber’s most recent Business Confidence Survey of European companies active in China. Following on from the discussion on China, Ted Burgell (Business Council of Australia) reflected on recent changes to the more mature Australian FDI regime, including the new requirement for approval from the Foreign Investment Review Board (“FIRB”) in the case of proposed investments that raise national security concerns, regardless of the investment’s value, along with the FIRB’s powers to review investments and impose penalties. Arunan Kumaran (APEC Competition Policy and Law Group) discussed the varying approaches to FDI in the broader APAC region and what measures are needed to facilitate FDI in the context of the Covid-19 pandemic and trade wars in the region. Finally, Peter Camesasca rounded off the session by sharing perspectives on European FDI regimes and recent developments in light of the pandemic.

In-House Perspective: Addressing Challenges in Enforcement and Ensuring Compliance

The following day, Sophie Bertin participated in an insightful discussion with in-house counsels Welly Tantono (Secretlab) and Aidil Tupari (Petronas), on antitrust enforcement and compliance in the context of the Covid-19 pandemic and beyond. The panellists discussed challenges they have faced in operating a compliance programme virtually via digital means over the past year, with regards to delivery of training, on-boarding and integration of new employees, risk management, and embedding compliance culture from afar.

Related resources

Covington regularly publishes content covering developments in the FDI and Competition Law. Covington blog readers may be interested in the videos below, in which Peter Camesasca, Horst Henschen and Katherine Kingsbury discuss recent developments in the regulation of foreign direct investments (“FDI”) in Europe.

Foreign Direct Investment Regulation—German Developments


Foreign Direct Investment Regulation—UK Developments


EU Regulation on Foreign Subsidies

Print:
EmailTweetLikeLinkedIn
Photo of Peter Camesasca Peter Camesasca

Peter D. Camesasca is a partner in Covington’s Brussels and London offices, with 25 years of experience in all major aspects of EU competition law. Peter also co-chairs the firm’s Foreign Direct Investment Regulation initiative, and, has a particular focus on in-…

Peter D. Camesasca is a partner in Covington’s Brussels and London offices, with 25 years of experience in all major aspects of EU competition law. Peter also co-chairs the firm’s Foreign Direct Investment Regulation initiative, and, has a particular focus on in- and outbound aspects of the Asia/Europe interface.

Peter’s experience includes cases under Articles 101, 102 and 106 TFEU, national and multijurisdictional merger and joint venture notifications (including FDI assessments), investigations by multiple enforcement authorities and global antitrust litigation and monopolization issues (including IP cross-over issues). In addition, he advises and litigates on horizontal and vertical cooperation issues, prepares and executes various compliance and dawn raid programs and participates in the installation of in-house training programs, and heads a vibrant private enforcement practice.

Peter has acted before the European Commission, the European courts, the German Bundeskartellamt, the UK Office of Fair Trading and the Competition and Markets Authority, the Belgian Competition Council, and various national courts.

Photo of Sophie Bertin Sophie Bertin

Sophie Bertin is a senior advisor to Covington in their Financial Services and Antitrust practice. Her current focus is on financial services topics, ranging from State aid, implementation of regulations, interplay between various regulations, including the new data protection rules; as well as…

Sophie Bertin is a senior advisor to Covington in their Financial Services and Antitrust practice. Her current focus is on financial services topics, ranging from State aid, implementation of regulations, interplay between various regulations, including the new data protection rules; as well as the impact of new technologies (like Blockchain) on the financial services business models and resulting competition challenges.

Sophie has over 20 years of professional experience and she has broad experience helping banking clients on their strategy, restructuring, reorganization, risk management, regulatory and compliance, back-office operations and automation, as well as, advising on various issues around banking regulation and competition law (most notably State aid).