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“The move towards a more digital economy and the political shift towards national protectionism have triggered a refreshed debate – especially in the EU – about where the line between competition and industrial policy should be drawn. Developments expected this year should bring greater clarity, including on when state intervention in the merger control process may be considered appropriate.”
“In a world where national interest is politically in vogue, there is growing concern that expanded foreign investment rules are being employed to further the changing goals and objectives of governments, rather than to resolve genuine national security concerns.”
“Foreign investment control will continue to be a focus for legislative reform to enable governments to intervene in a broader set of deals. As the number and importance of foreign investment regimes increases, it is important to anticipate early in the process – in particular in key jurisdictions – how and when transactions may be assessed under the ever-expanding rules.”