Around the world, M&A transactions are being blocked not because of antitrust or competition concerns but based on perceived threats to national security or threats to sometimes ill-defined “national interests,” including the protection of domestic jobs, “economic security” and national pride. Consequently, it has become more important than ever to consider the legal and political implications of a proposed deal when performing risk analysis for a cross-border M&A transaction.
Please join Mayer Brown partners Christian Fabian, Hannah Ha and Richard Steuer for a 30-minute teleconference as they discuss recent developments in national interest reviews. Topics to be addressed include the following:
- An overview of national interest review regimes, including notable cases of exclusion of foreign investors in the United States, China and other jurisdictions
- Practical tips for anticipating problems, including inconsistent deadlines and lack of transparency
- Sensitive industry sectors where caution needs to be exercised in China
- Risks due to the broad scope of national interests and lack of transparency in China’s review standards
- Strategies for achieving approval of M&A deals
- Risk allocation and practical considerations in cross-border M&A deals