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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


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: <>


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