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Merger Control, National Security, and Foreign Direct Investment Screening (1st Edition): A Comparative Perspective

Ioannis Kokkoris

Abstract

The book provides a comprehensive exploration of the intricate interplay between national security, foreign direct investment (FDI), and competition policy in an increasingly interconnected global economy. Spanning a wide array of jurisdictions, industries, and policy contexts, it delves into the complexities of reconciling protectionist measures with the imperative of fostering international investment and maintaining a level playing field for all businesses, regardless of nationality. Central to the book’s analysis is the exploration of FDI screening mechanisms with a national security perspective as they apply to mergers and acquisitions (M&A) transactions. Drawing on case studies from major economies like the European Union, the United Kingdom, the United States, China, and beyond, the book examines how lawmakers negotiate between protecting their strategic sectors and promoting a welcoming environment for investors. The book underscores the need for transparency, predictability, and procedural clarity in these mechanisms to foster stakeholder confidence and curb arbitrary decision-making. Furthermore, the book contributes to illustrating the increasingly important link between competition law and non-competition interests. Through meticulous examination, the book showcases how competition authorities grapple with incorporating broader societal goals (in general) and national security concerns (in particular) into merger control assessments. It scrutinizes the challenges of balancing these objectives while maintaining the integrity of competition law principles and avoiding undue political influence. The book’s analysis serves as a timely guide for policymakers, practitioners, scholars, and stakeholders seeking to navigate the intricacies of global economic interdependence without dismissing national interests.

Bibliographic Information

Ioannis Kokkoris, author


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Contents