Merger Control, National Security, and Foreign Direct Investment Screening

The Covid-19 pandemic, the significant expansion of the Chinese investment abroad, and recent geo-political tensions have all served to strengthen national security considerations in merger control and foreign direct investment (FDI) processes. Against this backdrop, Merger Control, National Security, and Foreign Direct Investment Screening: A Comparative Perspective provides a comprehensive exploration of the intricate interplay between national security, foreign direct investment, and competition policy in an increasingly interconnected global economy. Central to the book's analysis is the exploration of FDI screening mechanisms from a national security perspective as they apply to Merger and Acquisition (M&A) transactions. Spanning a wide array of jurisdictions, industries, and policy contexts, including case studies from major economies such as the European Union, the United Kingdom, the United States, and China, the book examines how lawmakers navigate protecting their strategic sectors while promoting a welcoming environment for investors. It also showcases how competition authorities grapple with incorporating broader societal goals and national security concerns into merger control assessments. Merger Control, National Security, and Foreign Direct Investment Screening scrutinizes the challenges of balancing these objectives while maintaining the integrity of competition law principles and avoiding undue political influence. It offers a thought-provoking and timely guide for policymakers, practitioners, scholars, and stakeholders seeking to navigate the intricacies of global economic interdependence without dismissing national interests.

Auteur
Ioannis Kokkoris is a Professor in Competition Law and Economics at the Centre for Commercial Law Studies, Queen Mary University of London, UK. His main research interests span all areas of competition law and policy as well as areas of industrial policy and national security. He has worked on funded projects by international organizations and serves as a special advisor to several competition authorities globally. He has more than 100 publications including more than 20 authored/co-authored books and edited volumes, more than 70 articles and 25 chapters in edited volumes.

Texte du rabat

This book provides a comprehensive exploration of the intricate interplay between national security, foreign direct investment, and competition policy in an increasingly interconnected global economy.

Contenu

• 1: Introduction

• 2: Merger Control Regimes Around the World

• 3: National Security and FDI Screening in the EU

• 4: National Security and FDI Screening in the UK

• 5: National Security and FDI Screening in the US

• 6: National Security and FDI Screening in China

• 7: National Security and FDI Screening in Russia, Japan, India, and South Africa

• 8: Merger Control as Industrial Policy: National Security and Public Interest Considerations

• 9: Concluding Remarks