The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2022”.
In 2022, boards of directors will continue to face a complex and expanding global foreign direct investment landscape that increasingly requires transactions to undergo intensive multijurisdictional FDI reviews and filing and approval processes, alongside merger control reviews and clearances. This includes longstanding FDI review regimes with which boards of directors may be familiar, such as the Committee on Foreign Investment in the United States, as well as new and recently modified and expanded regimes, particularly in Europe. Governments appear increasingly willing to scrutinize, and in some cases ultimately prevent, transactions they deem objectionable – in late 2020, the French government blocked the acquisition of a French photo-sensor imaging technologies company by a U.S. company, and in April 2021, the Italian government blocked a Chinese takeover of a semiconductor company.
To read the full post, please click here.
For a PDF of the full memorandum, please click here.