Locking the deal-making gates: the world turns protectionist

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Locking the deal-making gates: the world turns protectionist
State intervention in foreign direct investments and the effects on the transaction process

Part of the Virtual Entrepreneurship Conference

A webinar presented by the IBA Closely Held and Growing Business Enterprises Committee

Supported by the IBA Corporate and M&A Committee, IBA European Regional Forum, IBA Latin American Regional Forum, IBA Law Firm Management Committee and IBA Young Lawyers' Committee

In recent years there has been a paradigm shift in the importance and frequency of foreign investment reviews as part of the deal process. An increasing number of jurisdictions have introduced rules restricting foreign investment or have strengthened existing rules.

The economic woes sparked by the Covid-19 crisis have given this general development an additional spin as many governments are intent on protecting crisis shaken companies from potential acquirers, short-sellers and hedge fund activists looking to take advantage of the situation: Australia has lowered the threshold for government approval of foreign investments to 0%. Ursula von der Leyen, president of the European Commission, urged EU Member States to use all options to protect critical European companies from foreign takeovers or influence that could undermine our security and public order, and voices from politicians in European countries and responses from US companies veer towards a similar direction.

The webinar aims at analysing general attitude towards foreign investments, development of existing restrictive rules, and influence of the Covid-19 crisis on this development as well as giving an outlook to the future. A comparative review of the developments and regulations in a number of key jurisdictions around the world will be presented and discussed.

Webinar hand-out - Summary of the system of state intervention in foreign investments in selected jurisdictions [PDF]

Marco A Rizzi
Bratschi, Zurich; Chair, IBA Closely Held and Growing Business Enterprises Commit-tee

Sven von Mensenkampff
Pavia e Ansaldo, Milan

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Dominik Ziegenhahn
Raschke von Knobelsdorff Heiser, Hamburg; Programme Officer, IBA International Commerce and Distribution Committee

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Steven A Cohen
Wachtell, Lipton, Rosen & Katz, New York; Senior Vice Chair, IBA Corporate and M&A Law Committee

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Arthur Davis
Addisons, Sydney

Patrik Peyer
Niederer Kraft Frey, Zurich

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Lisa Wright
Slaughter and May, London