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Antitrust Chronicle - Foreign Direct Investment - June 2022

Antitrust Chronicle™ – Foreign Direct Investment

Dear Readers, Foreign direct investment (“FDI”) control is rapidly emerging as a key regulatory vector across the U.S, Europe, and worldwide. In the U.S., FDI...
1-FDI SCREENING IN EUROPE: TIME FOR REVIEW? By Peter Camesasca, Horst Henschen, Katherine Kingsbury & Martin Juhasz

FDI Screening in Europe: Time for Review?

After around two years (or more) of intense activity in the emergence and upgrading of national foreign direct investment (“FDI”) regimes in Europe, certain...
2-FDI AND NATIONAL SECURITY: RISKS FROM A BIG TECH BREAKUP, AND CFIUS’S ROLE TO MITIGATE By Benjamin Curley & Thomas Feddo

FDI and National Security: Risks FROM a Big Tech Breakup, and...

Breaking up American “Big Tech” companies has in recent years been a topic of much discussion by policymakers and legislators across the political spectrum....
3-GLOBAL MERGER CONTROL AND FOREIGN DIRECT INVESTMENT CONSIDERATIONS ASSOCIATED WITH CROSS-BORDER TRANSACTIONS By Daniel Culley, Chase Kaniecki, William Segal & William Dawley

Global Merger Control and Foreign Direct Investment Considerations Associated with Cross-Border...

Recent developments regarding global competition enforcement and foreign direct investment, or FDI, review regimes have created uncertainty for cross-border transactions.  Specifically, global merger control...
4-BALANCING ANTITRUST AND NATIONAL SECURITY IMPACTS OF FOREIGN INVESTMENT IN THE U.S. By Harry G. Broadman

Balancing Antitrust and National Security Impacts of Foreign Investment in the...

We are in a world where U.S. pursuit of antitrust objectives through a policy of encouraging foreign direct investment is far more complex. On...
5-Is it Still ok to do UK M&A? The National Security and Investment Act 2021: the first five months of practical experience By Nicole Kar & Mark Daniel

Is it Still OK to do UK M&A? The National Security...

Almost five months have passed since the UK’s National Security and Investment Act 2021 (“NSIA”) took effect, radically overhauling the UK’s approach to foreign...
6-AMID REGULATORY HEADACHES FOR M&A – UNDERSTANDING THE CURRENT ENFORCEMENT LANDSCAPE IS KEY TO GETTING DEALS DONE By John R. Ingrassia

AMID Regulatory Headaches for M&A – Understanding the Current Enforcement Landscape...

Mergers and acquisitions are facing dual changing regulatory landscapes with respect to antitrust review and enforcement, and foreign investment into U.S. businesses under CFIUS.  Both...
Key Elements EU FDI Screening Regulation

“Knock, Knock… Who’s There?” Key Elements of the EU FDI Screening...

In this article, the authors – European Commission experts in this new field – set out the background for the adoption of the European...
Foreign Direct Investment Review Developments Europe

Foreign Direct Investment Review – Recent Developments in Europe

The article provides an overview of recent developments in foreign direct investment (“FDI”) review across Europe. In describing what is meant by FDI review,...
Much to Be Worked Out: The European Commission’s Proposal for a Regulation on Foreign Subsidies Distorting the EU Internal Market

Much to Be Worked Out: The European Commission’s Proposal for a...

The European Commission’s May 2021 Proposal for a Regulation on Foreign Subsidies Distorting the EU Internal Market is an eye-catching measure due to its...
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