Cleary’s Pharma Bites: FDI in Pharma, Biotech, and Healthcare

January 2, 2023

Cleary Gottlieb’s Pharmaceutical, Biotech, and Healthcare group is pleased to present the latest installment of its “Pharma Bites” series: FDI in Pharma, Biotech, and Healthcare.

FDI Trends

  • Proliferation of FDI regimes in EU & globally – almost all EU member states have an active FDI regime in place.
  • Numerous areas covered and continually expanding, including in the pharma/biotech/healthcare sectors.
  • FDI reportability is primarily driven by the scope of the Target’s activities and less so by financial thresholds.
  • Phase I review (>80% of notified deals) typically takes 2 - 3 months. Phase II review could last +4-10 months.
  • If a deal does not raise FDI concerns, Phase I filing and RFIs are light and comparable to a simplified merger process.

To learn more about this topic and view the related slide deck, click here.

Cleary’s Pharma Bites series seeks to provide critical updates on a wide range of antitrust, regulatory, arbitration, and litigation issues in the pharmaceutical and biotechnology space. 

To learn more about Cleary’s Pharmaceuticals and Biotechnology practice, click here.