FDI regimes - The impact of COVID-19 on deal-making
Click here to read the full article onlineFDI restrictions have been on the political agenda in Europe and further afield for at least the past year, and following the outbreak of COVID-19 and the changed economic landscape, the approach in jurisdictions across the world has mutated. FDI restrictions are no longer being used solely as a tool to address issues of national security, but also to combat so-called "adversarial capital", typically from jurisdictions perceived as potentially hostile, pursuing opportunistic M&A when asset prices are depressed as a result of the pandemic. At the same time, there are calls for Western governments to support "national champions", protect a wider range of industries and the COVID-19 crisis may also make it easier for acquirers to invoke a "failing firm defence".