Medicinal Products and the Screening of Foreign Direct Investment

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.