Energy

Key Questions

  1. What are the recent developments and trends in the FDI regulation of energy sectors in France, the EU and the United States?

  2. How do France, the EU, and the United States define and safeguard strategic assets in the energy sector, and what are the key similarities and differences in their FDI screening approaches?

  3. What practical challenges do investors face when navigating FDI review processes in energy - particularly when projects span multiple countries or involve emerging technologies like hydrogen or smart grids? What remedies are available to investors who are caught in an FDI screening process?

  4. What lessons can be learned from each jurisdiction’s experience? Is there scope for greater transatlantic coordination or alignment in how FDI risks in energy are assessed and managed?

Foreign direct investment (FDI) in the energy sector is receiving heightened scrutiny as energy systems become increasingly strategic in the context of decarbonisation, digitalisation, and geopolitical tension. Governments in France, the European Union, and the United States are responding by broadening the scope of their FDI control regimes to better safeguard critical infrastructure and emerging energy technologies. At the same time, they are working to maintain the openess needed to attract the investment required to drive the energy transition forward.