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Foreign Direct Investment

Navigating global transactions through foreign investment and public interest scrutiny

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Public interest scrutiny in the M&A process is on the increase globally, against the backdrop of amplified protectionist rhetoric and political anxieties about the impact of foreign direct investment (FDI). The economic fall-out from the Covid-19 pandemic is accelerating existing trends, as governments seek to protect businesses from opportunistic acquisition by foreign buyers, including by making specific legislative amendments to tighten their FDI regimes. This presents additional hurdles and uncertainties for transaction parties.

From CFIUS in the United States to FIRB in Australia, it is essential that formal and informal FDI/public interest review processes and intervention risks are taken into account in deal planning and execution. The focus continues to stretch well beyond acquisitions by certain Chinese companies, and the concept of “national security” continues to be extended, to include critical infrastructure, communications assets, advanced technology and data, and – influenced by the pandemic – healthcare. Whilst some of the amendments directly related to the pandemic may ultimately prove to be temporary, the overall picture is likely to be one of structural change.

Our global team (drawn from our Competition, Regulation and Trade, Mergers & Acquisitions and Dispute Resolution practices) has extensive experience in formulating and implementing coordinated strategies to secure global clearances and successful completion, taking the ever-changing landscape into account.

To aid investors in considering potential deal hotspots, we have produced an interactive map and country-by-country guide summarising the FDI/public interest control processes and trends in key jurisdictions. Click here for a teaser of the guide and email FDIPublications@hsf.com to receive your full copy

National Security and Investment Bill – The Effect on Private Capital Investment Funds - Listen to our recent webinar.

M&A: merger control, foreign investment controls and the regulators – ten considerations - Listen to our recent webinar .

Pressure Points: Navigating foreign investment and merger control regimes (UK) - Listen to our recent webinar .

Recent Experience

SILK ROAD FUND

On the acquisition of minority stake in Russia's key new LNG project based on the South Tambeyskoye gas field through the acquisition of shares in JSC Yamal LNG from Novatek, Russia's largest independent natural gas producer.

BRITISH AMERICAN TOBACCO

On its cross-border investment into a PRC RMB private equity fund through an innovative 2-tier entities structure which was first of its kind in China at that time, including lobbying with the local government authorities regarding the investment structure and establishing the investment entities.

ASSOCIATED BRITISH FOODS

In relation to a proposed 50:50 joint venture with another Asian leading food company in China to create a key player in the bakery ingredients sector in China.

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