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Foreign investment regulation

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 protectionist rhetoric and political anxieties about the impact of foreign direct investment (FDI). 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.

Our global team (drawn from our M&A and Competition, Regulation & Trade practices) have 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.

Experience Highlights

A regional telecom operator

In connection with its proposed investment in a PRC company that plans to provide GSM mobile services on domestic flights in the PRC. Work involves advising on all aspects of the project, including FDI and telecom regulatory issues. 

A regional telecom operator

In connection with its acquisition of a PRC telecom company providing IP-VPN services in Greater China, including advising on FDI, CEPA and telecom regulatory issues.

Sky

Advising on the merger control and public interest aspects of Twenty-First Century Fox's proposed £11.7 billion acquisition of Sky, including the public interest intervention by the Secretary of State and subsequent Phase 2 referral on media plurality and broadcasting standards grounds.

Yancoal

Advising on Yancoal's acquisition of Coal & Allied from Rio Tinto, including securing FIRB approval.

Brookfield

Advising on the consortium takeover of Asciano and related asset sell-downs, including throughout the FIRB process.

A South Korean translation services/software company

Securing CFIUS clearance for the acquisition of a European company whose US subsidiaries provided computer translation services to US government, defense and intelligence agencies.

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