FDI Control developments and trends for cross-border M&A transactions
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FDI Control Forum
22 June 2023
Exploring the impact of Foreign Direct investment (FDI) controls on cross-border M&A transactions
MORNING PROGRAMME
22 June 2023 8:30 am to 2:00 pm La Maison de la Chimie 28 Rue Saint-Dominique, 75007 Paris
Morning conference and workshops under the “Chatham House Rule.” These workshops offer a unique opportunity to engage with key players from France, Germany, the European Union, the UK, and the USA across geopolitics, economy, strategy, finance, and law. They will give you an in-depth understanding of the latest developments and trends in global FDI control.
8:30am - 9:00am
Registration
8:30am - 9:00am
Welcome
David Chekroun
Professor of Business Law, ESCP Business School
Marina Guérassimova
Chief Editor, Fusions & Acquisitions Magazine
Pascal Dupeyrat
Strategic Advisor, Relians
9:10am - 9:20am
Opening Speech
Olivier Becht
Minister Delegate for Foreign Trade, Economic Attractiveness and French Nationals Abroad, attached to the Minister for Europe and Foreign Affairs
9:20am - 10:30am
Plenary session
Moderators:
Joachim Pohl
Head, International Investment Governance team, Investment Division, OECD
David Chekroun
Professor of Business Law, ESCP Business School
Regulators:
Marie-Anne Lavergne
Head of the Office in Charge of Controlling Foreign Investment at the Treasury Department (Multicom 4), France
Friederike Wenkel
Policy Officer at the German Federal Ministry for Economic Affairs and Climate Action (BMWK), Germany
Damien Levie
Head of the Technology & Security, FDI Screening Unit at the Directorate General for Trade, European Commission
Brian Reissaus
Deputy Assistant Secretary for Investment Security Operations at the Department of Treasury, former CFIUS Chair, United States of America
Michael S. Considine
CFIUS, Assistant Secretary for Foreign Investment at the Department of Energy, United States of America.
Jessica Lehman
Foreign Direct Investment Senior Advisor at U.S. Department of Energy
Eloise Evans
Committee Specialist on China Policy, International Affairs Unit, United Kingdom Parliament
10:45am - 11:45am
Workshop Series 1
Workshop 1: What team for a sucessful FDI Process?
Moderator:
Sandrine Clavel
Professor of Private Law and Criminal Sciences, University of Versailles Saint-Quentin
Managing Director, Head of M&A France, Belgium & Luxembourg, Barclays
Alex Deane
Senior Managing Director & Partner, FTI Consulting
Workshop 2: FDI Screening of Tech sector deals: a regime fit for purpose?
Moderator:
Ioannis Kokkoris
Professor of Competition Law and Economics, Director of Centre for Commercial Law Studies, Queen Mary University of London
Speakers:
Stephen Walters
Corporate Partner, Jeantet
Julien Lestrade
Managing Director, Lazard
Bruno Bezard
Managing Partner, Cathay Capital
Christine Graham
Special Counsel, Antitrust and Competition, Cooley
Workshop 3: Are Healthcare and Life Science Assets the New Goldmine to Protect?
Moderator:
Duncan Fairgrieve
Senior Research Fellow, British Institute of International & Comparative Law, Professor of Comparative Law, Université de Paris Dauphine.
Speakers:
Simonetta Giordano
Partner, M&A and Commercial, Simmons & Simmons
Renaud Dutreil
Former Minister, Senior Adviser, FTI Consulting
Gregory Mailly
Executive Director, M&A, JP Morgan
Alexandre Loupy
University Professor-Hospital Practitioner (PU-PH) at Necker Hospital, Paris, Head of INSERM unit Paris Translational Research Center for Organ Transplantation; Adjunct Professor Transplant Department, Cedars Sinai L.A,USA
Workshop 4: CFIUS Recent Developments and Policy Trends
Moderator:
Pascal Dupeyrat
Strategic Advisor, Relians
Speakers:
Michael S. Considine
Deputy Assistant Secretary, Office of Foreign Investment and National Security, U.S. Department of Energy
Jessica Lehman
Foreign Direct Investment Senior Advisor, U.S. Department of Energy
Brian Reissaus
Deputy Assistant Secretary for Investment Security Operations at the Department of Treasury, former CFIUS Chair, United States of America
Farhad Jalinous
Global Head of Foreign Direct Investment (FDI) Reviews & US National Security/CFIUS Practice, White & Case LLP
11:45am – 12:00pm
Coffee Break
12:00pm – 1:00pm
Workshop Series 2
Workshop 5: FDI Control Forum – Navigating the M&A process : Interplay of FDI on Transactions
Workshop 6: FDI and merger filings: leveraging on similarities and managing differences
Moderator:
Gilles Pillet
Professor of Business Law, ESCP Business School
Speakers:
Ombline Ancelin
Partner, Head of Competition, Simmons & Simmons
Delphine Prioux
Legal Manager, Individual Customers Division, EDF
Étienne Chantrel
Head of the Merger Department, French Competition Authority (Autorité de la concurrence)
Workshop 7: Coordinating CFIUS and Global FDI Multifilings and Clearances
Moderator:
Vincent Smith
Professor of Business Law, ESCP Business School
Speakers:
Orion Berg
Partner, White & Case
Bertrand Milhiet
Vice President, Head of Legal, Mergers & Acquisitions and Real Estate, Airbus
Mélanie d'Anglejan-Chatillon
Head of Antitrust & Regulatory, Forvia
Workshop 8: Nationality Matters: understanding the impact of nationality on FDI regulations and deal strategy
Moderators:
Maxime Lefebvre
Former ambassador, Professor of International relations, ESCP Business School
Claire Campbell
Solicitor, ICG Fellow, ESCP Business School
Speakers:
Hubert Segain
Head of Corporate, M&A practice, Herbert Smith Freehills
Alexandre Courbon
Managing Director, Head of M&A France, HSBC
Pablo López-Alvarez
Senior Managing Director, Head of EU Competition, Trade and International Litigation, FTI Consulting
1pm – 2:15pm
Lunch
14:15pm – 14:30pm
Lunch Closing remarks
Joffrey Célestin Urbain
Head of the Strategic Information and Economic Security Department (SISSE)
EVENING PROGRAMME
22 June 2023 6:30pm to 8:30pm
ESCP Campus République
79 Avenue de la Republique, 75011 Paris Amphithéâtre Gélis
This conference will enable regulators, students, academics, and civil society to engage in dialogue on the challenges posed by the increasing control of foreign investments in the M&A process, and the rise of state rivalries that disrupt state national security.
Professor of Business Law, ESCP Business School, Founder of the Institute for Corporate Governance
Ioannis Kokkoris
Professor of Competition Law and Economics, Director of Centre for Commercial Law Studies, Queen Mary University of London
Duncan Fairgrieve
Senior Research Fellow, British Institute of International & Comparative Law, Professor of Comparative Law, Université de Paris Dauphine.
6:45pm – 7.10pm
Opening Speech
Alexandre Loupy
University Professor-Hospital Practitioner (PU-PH) at Necker Hospital, Paris, Head of INSERM unit Paris Translational Research Center for Organ Transplantation; Adjunct Professor Transplant Department, Cedars Sinai L.A,USA
7:10pm – 8:30pm
Plenary session
Regulators:
Marie-Anne Lavergne
Head of the Office in Charge of Controlling Foreign Investment at the Treasury Department (Multicom 4), France
Friederike Wenkel
Policy Officer at the German Federal Ministry for Economic Affairs and Climate Action (BMWK), Germany
Brian Reissaus
Deputy Assistant Secretary for Investment Security Operations at the Department of Treasury, former CFIUS Chair, United States of America
Michael S. Considine
Deputy Assistant Secretary, Office of Foreign Investment and National Security, U.S. Department of Energy
Eloise Evans
Committee Specialist on China Policy, International Affairs Unit, United Kingdom Parliament
Academics:
Mathias Audit
Professor of Law, Sorbonne School of Law (University of Paris 1)
Sandrine Clavel
Professor of Private Law and Criminal Sciences, University of Versailles Saint-Quentin
Margaret Kyle
Professor of economics, MINES ParisTech
Andrew Shagrin
Professor of Business Law, ESCP Business School
Maxime Lefebvre
Former ambassador, Professor of International relations, ESCP Business School
Ioannis Kokkoris
Professor of Competition Law and Economics, Director of Centre for Commercial Law Studies, Queen Mary University of London
Vincent Smith
Professor of Business Law, ESCP Business School
Damien Levie
Head of the Technology & Security, FDI Screening Unit at the Directorate General for Trade, European Commission
Duncan Fairgrieve
Senior Research Fellow, British Institute of International & Comparative Law, Professor of Comparative Law, Université de Paris Dauphine.
Gilles Pillet
Professor of Business Law, ESCP Business School
Moderators:
David Chekroun
Professor of Business Law, ESCP Business School, Founder of the Institute for Corporate Governance
Joachim Pohl
Head, International Investment Governance team, Investment Division, OECD
8:30pm – 9:30pm
Cocktail
Video
PROFESSIONAL PARTNERS
FTI_Logo_Blue.jpg
ACADEMIC PARTNERS
Organisational Team
David Chekroun
Professor of Business Law, ESCP Business School
Marina Guérassimova
Chief Editor, Fusions & Acquisitions Magazine
Pascal Dupeyrat
Strategic Advisor, Relians
Claire Campbell
Solicitor, ICG Fellow, ESCP Business School
Jigmey Tronsay tsang
Animation Designer
Geoffroy Warme-Janville
EdTech & Digital Learning Manager
Alexandre Bal
Counsel
Yohann Marsollier
Corporate Chairs & Professorships Coordinator
Lars Goubet-Wolff
Chief of staff to the executives president & Dean of ESCP
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