KPMG’s global antitrust and foreign investment practice brings together over 220 legal professionals in over 59 jurisdictions, working closely alongside our deals, tax and economics advisory colleagues. We combine practical expertise in national regimes with strategic advice, drawing on our critical insights into sensitive sectors to navigate investor and sellers through all stages of the foreign investment and national security cycle.
In a world where geo-political and macro-economic conditions are ever-changing, and governments are increasingly focused on protecting the sanctity of domestic supply chains, the regimes which facilitate scrutiny over the national security implications of investment (foreign or domestic) and corporate restructuring can play a significant role. At one end of the scale, national regulatory regimes may result in the need to make mandatory suspensory notifications may impact the overall deal timetable. At the other, government intervention might lead to restrictions being placed on investors rights or, in the most extreme cases, to deals being blocked.
With over 100 foreign investment or national security regimes in place worldwide, any complex cross-border M&A or global restructuring exercise will need to take a multi-jurisdictional approach to risk and issue screening. Whilst there are some broad similarities in the sectors of interest (e.g. defence, critical suppliers to government, communications and energy infrastructure) there are quirks in scope and process that benefit from knowledge and experience in local markets.
