Foreign Investment Reviews

Updates and Developments in Foreign Direct Investment Review Laws

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CFIUS Clearance: SC Health Corp., SIN Capital Group and Rockley Photonics

Status:  Clearance Acquirer:  SC Health Corp. (Cayman Islands); SIN Capital Group Pte. Ltd. (Singapore) Acquired:  Rockley Photonics, Ltd. (United Kingdom) Value:  US$1.2 billion Industry:  Medical Devices; Healthcare; Consumer Electronics; Integrated Circuits… Continue Reading

CFIUS Filing: Zhejiang Youchuang Venture Capital Investment, Shaoxing City Keqiao District Paradise Silicon Intelligent Robot Industrial Investment Partnership, and EKSO Bionics Holdings

Status: CFIUS Requested Review; Terminated; Mitigation Acquirer:  Zhejiang Youchuang Venture Capital Investment Co., Ltd. (China); Shaoxing City Keqiao District Paradise Silicon Intelligent Robot Industrial Investment Partnership (China) Acquired:  EKSO Bionics Holdings, Inc. (U.S.) Value:  US$5 million Industry:  Medical Devices & Equipment; Healthcare; Exoskeleton Technology… Continue Reading

UK, German and Australian Antitrust Agencies Issue Joint Statement for More Rigorous Merger Control Enforcement

On 20 April 2021, the UK’s Competition and Markets Authority (CMA), the German Bundeskartellamt (BKartA) and the Australian Competition and Consumer Commission (ACCC) issued a joint statement¹ and held a joint online event pushing for more rigorous merger control enforcement. Our global competition team in these jurisdictions unpacks the joint statement and provides the following … Continue Reading

Upcoming/New CFIUS Filing: Canadian Pacific Railway Limited and Kansas City Southern

Status: Clearance Acquirer:  Canadian Pacific Railway Limited (Canada) Acquired:  Kansas City Southern (US) Value:  US$29 billion Industries:  Transportation; Infrastructure; Railway Update:  On August 16, 2022, Canadian Pacific Railway Limited (TSX: CP; NYSE: CP) announced that “it has received the required regulatory clearance from the Committee on Foreign Investment in the United States (“CFIUS”) for the … Continue Reading

Talk to the Experts: Multi-country M&A Is Getting More Complex: Evolving FDI Regimes Across the UK, France, Germany, Italy and the US

International M&A practitioners are used to dealing with CFIUS for any transaction involving assets in the US. The Europeans M&A practitioners are, however, catching up, and many multijurisdictional deals will now face clearance in a number of countries. The latest addition to the list, the UK National Security and Investment Bill, is broad in scope … Continue Reading

China Bolsters Foreign Direct Investment (FDI) Review Framework, Identifies New Areas of Security Concern

The People’s Republic of China (PRC or China) established a foreign investment security review in 2011 that focused exclusively on the merger and acquisition of domestic companies by foreign investors in a notice issued by the State Council (the 2011 Notice)1. On December 19, 2020, the National Development and Reform Committee (NDRC) and the Ministry … Continue Reading

Trump Flexes Executive Muscle to Address Chinese Military Threat

On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.”  The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … Continue Reading
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