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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.

Recent Experience

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.

La Caisse de Dépôts et de Consignations

Advising the French sovereign investor in relation to its acquisition of an interest in the German Butendiek off-shore windfarm, including in relation to all applicable regulatory aspects.

ICBC

Advising on the financing under the German Securities Acquisition and Takeover Act (WpÜG) of the high profile public takeover by Midea Group, China's biggest home appliance manufacturer, of German robotics specialist, KUKA.

China National Oil and Gas Exploration and Development Corporation (CNODC) and Silk Road Fund (SRF)

Advising the subsidiary of China National Petroleum Corporation and the major PRC state owned investment fund on the acquisition of stakes in the South Tambeyskoye gas field project through the acquisition of shares in Yamal LNG, including advice in connection with Russian merger clearance control, foreign investments law clearance and strategic investments law clearance.

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