Against a background of protectionist rhetoric, public interest and foreign direct investment (FDI) scrutiny in the M&A process is on the increase in traditionally open Western economies. From enhanced review by the Committee on Foreign Investment in the United States (CFIUS), to the expansion of the German FDI regime (with similar proposals at the EU and EU-country level), as well as with longstanding FDI restrictions in many parts of Asia, the current regulatory climate globally presents uncertainties for cross-border M&A.
The historical “level playing field” frustration when it comes to FDI restrictions has turned. Asian countries, and in particular China and India, have progressively opened parts of their economies to FDI and have streamlined their screening processes. At the same time, there is a reverse trend with more restrictive FDI regimes and more active enforcement in the United States, Europe and Australia.
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