Private Equity
Workshop Series 3 : 2.15pm - 3.15pm
Workshop Summary
This workshop will explore how foreign direct investment (FDI) rules affect private equity deals, especially those involving multiple investors and cross-border structures.
It will focus on how these rules apply to General Partners and Limited Partners (GP-LPs), and the challenges that arise in sectors considered sensitive by regulators.
Speakers
Partner
Latham & Watkins
Moderator
Professor of Law
Oxford University & ESSEC Business School
Key Questions
What are the main legal and operational challenges that private equity funds face when navigating FDI control in France?
How can private equity firms plan ahead to avoid surprises in the FDI approval process, especially when working with foreign LPs or co-investors?
What is the best way to handle veto rights or governance clauses in a deal without triggering unwanted FDI scrutiny?
How can regulators support investment in sensitive sectors without discouraging private capital from stepping in?
Private equity transactions are more complex than traditional corporate acquisitions, often involving layers of investors, co-investment structures, and shared control. While France focuses FDI notifications on the General Partner (GP), complications arise when Limited Partners (LPs) or co-investors hold veto rights or other forms of influence. These structures can trigger FDI review even when foreign investors do not directly control the target, leading to uncertainty about who must file, when, and in how many jurisdictions.
These challenges do not end at the deal’s signing. Once a fund owns a business, any follow-on investments in sensitive sectors may also require new FDI approvals - especially if the company is now considered “foreign-controlled.” Regulatory commitments, such as maintaining certain operations in France or limiting investor rights, can further restrict how funds manage their investments. These rules also impact how equity is transferred post-deal or how firms approach growth through acquisitions.
At the exit stage, FDI screening can affect who can buy the business and on what terms. Foreign bidders may reduce their offers or drop out due to potential regulatory delays or restrictions, while local buyers may face fewer hurdles. This can influence deal value, timing, and competitive dynamics. For PE firms, this underscores the need to factor FDI strategy into every stage of the investment cycle - from entry to exit.
Corporate Sponsors
Academic Sponsors