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TECHNOLOGY, AI & COMPETITION

Foreign direct investment CFIUS review

Foreign direct investment scrutiny in the Technology, AI, and Competition sector has sharpened considerably, with the Committee on Foreign Investment in the United States operating under expanded jurisdiction following the Foreign Investment Risk Review Modernization Act and its implementing regulations at 31 C.F.R. Parts 800 and 802. The European Commission's Foreign Direct Investment Screening Regulation and Japan's Foreign Exchange and Foreign Trade Act have added parallel review tracks that affect the same cross-border deals, meaning a single acquisition can now trigger mandatory filings in three jurisdictions before close. Legal and compliance teams are currently pressure-testing deal structures for TID U.S. business exposure and mapping AI-related IP assets against CFIUS's technology coverage definitions before term sheets are signed.

Watch

  • CFIUS mandatory filing triggers for TID U.S. businesses: AI software now squarely in scope
  • European Commission screening referrals to member states rising in semiconductor and cloud deals
  • 31 C.F.R. Part 802 real estate provisions affecting data center acquisitions near military installations
  • Japan FEFTA prior-notification thresholds for foreign stakes in designated sensitive tech firms
  • CFIUS mitigation agreement enforcement: national security agreements increasingly require source code audits

Recent material activity in Technology, AI & Competition

A selection of recent published briefs; this is not a complete archive.

  • Sep 24, 2026MATERIAL

    CISA adds Adobe Commerce and Magento authorization flaw to Known Exploited Vulnerabilities catalog with federal remediation deadline of September 27 2026

    CISA added CVE-2026-71362, an incorrect authorization vulnerability in Adobe Commerce and Magento, to its Known Exploited Vulnerabilities catalog on September 24, 2026. The vulnerability allows unauthenticated privilege …

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  • Sep 24, 2026MATERIAL

    CISA adds WSO2 path traversal vulnerability to Known Exploited Vulnerabilities catalog with federal remediation deadline of September 27, 2026

    CISA added CVE-2026-5430 to its Known Exploited Vulnerabilities catalog on September 24, 2026. The vulnerability is a path traversal flaw affecting WSO2 API Control Plane, API Manager, Traffic Manager, and Universal Gate…

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  • Sep 24, 2026MATERIAL

    FTC amends Rules of Practice to align with the FTC Act and formalize the American Competition Enforcement Division

    The FTC approved amendments to its Rules of Practice on September 24, 2026, by a 2-0 vote. The amendments align procedural rules with the FTC Act, embed the newly created American Competition Enforcement Division by name…

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  • Sep 24, 2026MATERIAL

    FTC opens rulemaking inquiry into platform ad-optimization tools that amplify impersonation scams

    The FTC published an Advance Notice of Proposed Rulemaking on September 24, 2026, seeking public comment on whether to amend its Rule on Impersonation of Government and Businesses. The inquiry targets social media platfo…

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  • Sep 24, 2026MATERIAL

    FTC opens rulemaking inquiry into platform ad-optimization tools that amplify impersonation scams

    The FTC published an Advance Notice of Proposed Rulemaking on September 24, 2026, seeking comment on whether to amend its Impersonation of Government and Businesses Rule or issue a new rule. The ANPRM targets social medi…

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  • Sep 24, 2026MATERIAL

    Canada Competition Bureau secures consent agreement with Kalibrate over retail fuel data-sharing competition concerns

    The Competition Bureau of Canada reached a consent agreement with Kalibrate on September 24, 2026, restricting how the company may collect, aggregate, and distribute competitor-sensitive pricing and operational data from…

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  • Sep 24, 2026MATERIAL

    CMA opens Phase 1 merger inquiry into Vivisol's acquisition of Air Liquide's UK home oxygen services business

    The CMA announced on September 24, 2026 that it is investigating the anticipated acquisition by Dolby Medical Home Respiratory Care Limited, trading as Vivisol, of Air Liquide Healthcare Limited's home oxygen services bu…

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  • Sep 24, 2026MATERIAL

    CMA issues first-ever civil penalties against individuals for concealing evidence during a competition inspection

    The CMA fined construction firm M&J Group and two of its staff members a combined £50,000 on September 24, 2026 for concealing a mobile phone and documents during a warranted inspection. These are the first civil penalti…

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  • Sep 24, 2026MATERIAL

    CMA opens Chapter I investigation into suspected anti-competitive arrangements in roofing and construction services

    The Competition and Markets Authority (CMA) opened an investigation on September 24, 2026 into suspected anti-competitive arrangements in the supply of roofing and other construction services. The investigation concerns …

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  • Sep 24, 2026MATERIAL

    CNIL closes May 2025 injunction against Solocal Marketing Services after consent-verification measures accepted

    The CNIL's enforcement chamber closed its injunction against Solocal Marketing Services on September 17, 2026. The original injunction, issued May 15, 2025, required the company to verify the validity of consent collecte…

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