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Cross-Border M&A Deals: National Security and Interest Reviews Raise Flags


by Brian N. Hartnett View Biography
Squire, Sanders & Dempsey L.L.P. View Firm Credentials
Brussels Office

Barry A. Pupkin View Biography
Squire, Sanders & Dempsey L.L.P. View Firm Credentials
Washington Office

Daniel F. Roules View Biography
Squire, Sanders & Dempsey L.L.P. View Firm Credentials
Shanghai Office

November 7, 2008

Previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on January 2008

Political concerns and perceived national security threats can lead national review agencies to quash deals in the name of national security or to protect local "champion" companies from competitive disadvantage. The latitude afforded these agencies may go well beyond evaluating commonly accepted competitive concerns, forcing inside counsel to come to a new understanding of the politicization of the processes impacting company M&A risk analysis and planning. Recent developments in the United States, Europe and China reflect the various ways politics and protections affect cross-border transactions even as competition concerns seem closer to convergence.

By Counsel to Counsel Editor John M. Toth


 

The views expressed in this article are solely the views of the author and not Martindale-Hubbell. This article is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.




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