The American Bar Association Section of Antitrust Law has released comments titled “Report of the Task Force on Foreign Investment Review.” It is a report on the intersection between merger reviews under antitrust or competition law, and merger reviews addressing national security issues, “national interest” issues such as employment opportunities and industry-specific issues in such industries as telecom and energy.
Foreign investment review has become an important part of the international merger and acquisition landscape. The report describes this process within a number of major jurisdictions. It points out similarities and differences among these jurisdictions, as well as issues arising between agencies within a single jurisdiction. It focuses in particular on outlining the procedural and substantive issues both within and between jurisdictions in relation to concurrent antitrust and foreign investment reviews. It also addresses concerns raised by parties, governments and other interested observers. And, it offers some recommendations for the future.
These views are presented only on behalf of the Section of Antitrust Law. They have not been approved by the ABA House of Delegates or Board of Governors and should not be construed as representing the policy of the American Bar Association.
The full report is available for review online at www.americanbar.org.
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