Jurisdiction(s):
United Kingdom

Key definition

Control definition

What does Control mean? In legal practice, control describes who ultimately directs a company or undertaking—typically through majority ownership, voting rights or contractual rights to determine management and policy. In the UK, many contracts define Control by reference to section 1124 of the Corporation Tax Act 2010, which looks to the ability to secure that a company’s affairs are conducted in accordance with a person’s wishes, whether through share capital, voting power or other rights (including those of associates). Where a bespoke definition is used, it commonly means the beneficial ownership of more than 50% of the issued share capital...

EU FDI Screening Regime: Regulation (EU) 2019/452—Scope, Security/Public Order Grounds, Cooperation Mechanism, Confidentiality, Merger Control Interface and 2024 Harmonisation Proposal

Published by a LexisNexis Competition expert

Practice notes

1. What is the applicable legislation?

The applicable legislation is Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 (the Regulation), which establishes a framework for the screening of foreign direct Investments (FDI) into the Union. The Regulation was published on 21 March 2019 and entered into force on 10 April 2019, while its provisions became fully applicable from 11 October 2020, following an 18‑month transition period. As a preliminary note, the instrument does not create a fully‑fledged new EU‑level foreign investment Control regime, nor does it replace national Rules already in place. Instead, it sets up a framework to complement domestic systems for screening FDI into the EU, and encompasses:

a mechanism for cooperation and the exchange of information between EU Member States, as well as between authorities and the European Commission
a process permitting the Commission and the Member States to issue opinions in relation to certain investments
a suite of minimum requirements applicable to national foreign investment control regimes, whether pre‑existing or adopted following the Regulation

The Regulation is grounded in a European Commission proposal (under Jean‑Claude Juncker’s Commission), tabled as part of a Trade Package in 2017 amid mounting concerns about...

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Web page updated on 21/05/2026

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