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Medicinal Products and the Screening of Foreign Direct Investment

Questionable Protection of National Security Interests by Tightening Investment Control Law

Kristine Plank

DOI https://doi.org/10.21552/eplr/2021/3/5



According to the European Union (EU) as well as several Member States, increased foreign direct investment (FDI) is a potential threat to public security and order. Over the past two years, numerous amendments were made to German investment control law: on the one hand, in view of the new European legal framework (‘EU Screening Regulation’) and, on the other hand, against the background of the threat that the COVID-19 pandemic posed to the supply of health commodities. This article shows which of these new rules apply to the pharmaceutical industry and offers a view on how they may affect the supply of medicines in Germany and the EU in view of their aim to protect national security interests.

The author is a doctoral candidate at the Max Planck Institute for Social Law and Social Policy (Munich). For correspondence: <k.plank@mpisoc.mpg.de>

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