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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 [email protected] to receive your full copy.

Recent Experience

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.

A major state-owned PRC energy company

Advising on the CFIUS implications of a proposed acquisition of a global energy company with significant electric energy production and transmission assets in the US.

Credit Suisse

Advising on the establishment of a securities joint venture with Founder Securities, the first Chinese-foreign securities joint venture approved by the China Securities Regulatory Commission since the announcement of its new regulations on Chinese-foreign securities companies.

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