Setterwalls Advokatbyrå AB

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Vincent Gedeon
Vincent Gedeon

Setterwalls Advokatbyrå AB

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1 Contributions by Setterwalls Advokatbyrå AB Experts

Sweden’s foreign investment screening and security-sensitive transfers: FDI Regulation 2023 and Protective Security Act - scope, triggers, process, penalties, and merger control interaction
PRACTICE NOTES
Sweden’s foreign investment screening and security-sensitive transfers: FDI Regulation 2023 and Protective Security Act - scope, triggers, process, penalties, and merger control interaction
1. What is the applicable legislation? Sweden operates two principal investment control frameworks. The Swedish FDI Regulation (the FDI Regulation), effective from 1 December 2023, is the primary scheme governing foreign direct investment in Sweden. Its protective remit is Sweden’s security and public order or public safety in Sweden, capturing any undertaking whose operations need safeguarding to maintain that security, order or safety. The Protective Security Act (the PSA), in force since 1996, is narrower than the FDI Regulation and targets only deals involving businesses that carry out security-sensitive activities. The PSA’s protected interest is Sweden’s security, covering activities that are significant for Sweden’s security or that fall under an international protective security commitment binding on Sweden. The FDI Regulation and the PSA partially overlap in scope. Both extend to security-sensitive activities and, to differing extents, essential services. However, the PSA is confined to
Competition
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