Republic of Ireland FDI control
Produced in partnership with William Fry
Republic of Ireland FDI control

The following Competition practice note produced in partnership with William Fry provides comprehensive and up to date legal information covering:

  • Republic of Ireland FDI control
  • 1. What is the applicable legislation?
  • 2. Which government or other body (or bodies) reviews foreign investments?
  • 3. What is the scope of the foreign investment regime? Does it only apply to specific sectors or types of investors (eg foreign or non-EU / non-WTO)? Are there specific rules for certain types of investors (eg state-owned enterprises)?
  • 4. What are the triggers or thresholds for the regime to apply? What types of transactions are caught? Is there a minimum level of shareholding or a control test that applies?  Are there any other thresholds that need to be met (e.g. based on turnover or market shares)?
  • 5. Are there any exceptions that may apply?
  • 6. Is there any discretion to review transactions that do not meet any thresholds for review?
  • 7. What are the grounds for review, eg public or national security or other grounds?
  • 8. What level of discretion do the relevant authorities have to approve or reject transactions? Is there scope for any other body to intervene?
  • 9. Where a transaction is caught by the regime, is notification mandatory and must closing be suspended pending clearance?
  • More...

A conversation with Cormac Little SC, partner and head of the Competition & Regulation Unit, and Eoin O'Cuilleanain, senior associate at Irish law firm William Fry on key issues on foreign direct investment (FDI) control in the Republic of Ireland.

1. What is the applicable legislation?

Currently, Ireland does not have any FDI control regime.

On 13 September 2020, the Irish Government announced that an Investment Screening Bill 2020 (the Investment Screening Bill) will be introduced later this year. This legislation, which follows a public consultation process, should give full effect to Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the EU.

The Investment Screening Bill has not yet been published

2. Which government or ot

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