Diederik Schrijvershof, Saskia Stolk and Adriaan Craita analysed whether a planned acquisition of a software developer should be assessed by the Bureau for Verification of Investments (Bureau Toetsing Investeringen, or “BTI”) under the new Investments, Mergers and Acquisitions Security Test Act (Wet veiligheidstoetsinvestering, fusies en overnames, or “Vifo Act”).
Maverick therefore assessed whether the software developer qualified as a vital provider or as a company operating in the field of sensitive technology (within the meaning of Regulation (EU) 2021/821).
The Vifo Act derives from the European Screening Regulation. This regulation aims to protect the European Union’s strategic interests while keeping the internal market accessible for foreign direct investment. This European Screening Regulation is also referred to as the Foreign Direct Investment Regulation ("FDI"). For more information, see this blog and this blog.
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