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MLex Market Insight

UK grapples with balancing tough foreign-M&A rules with the need for post-Brexit foreign investment

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 20 November 2020

⏱️ 27 minutes

🧾️ Download transcript

Summary

Mergers and acquisitions involving foreign investors will be facing tough new standards in the UK, amid growing concerns over national security. London isn’t alone in beefing up its foreign-investment regime in response to geo-political tensions, but Britain is facing the unique challenge of having to balance the uptick in regulation with the need to attract foreign investment in a difficult, post-Brexit international climate. Meanwhile, in South Korea there is growing concern over the competition regulator’s practice of cramming key antitrust hearings into just one day. The procedural matter is about more than just bathroom breaks: Local companies say they’re facing a tougher enforcement regime than their foreign counterparts.

Transcript

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0:00.0

Hello, welcome back. Hopefully you're in the right place. This is Mlex's weekly podcast covering the top

0:16.5

regulatory stories from around the world. I'm James Panicki. It's great to be with you.

0:21.4

Now, we have two separate but equally intriguing yarns for your consideration today.

0:27.3

In just a few minutes' time, we'll tell you why if you're an antitrust lawyer in South Korea,

0:32.9

you shouldn't hydrate before going to a hearing of the Korean Fair Trade Commission.

0:43.3

That's right, with the chance that key hearings will drag on until midnight with not even a moment to spare, there's little time for bathroom breaks.

0:47.3

It sounds trivial, but the KFTC's insistence on one-day hearings is leading to some

0:53.3

disquiet among local companies. And our

0:55.9

correspondent in Seoul will be joining us to chat about the state of play there. But first up,

1:01.8

the latest developments in M&A rules in the UK, which are raising some concern. Deals involving

1:08.1

foreign investors will be facing tough new standards based around national security

1:12.9

priorities. London isn't alone in beefing up its foreign investment regime over such concerns,

1:19.4

and we've seen plenty of other jurisdictions around the world do the same. But the push appears

1:24.7

to be at odds with the Brexit backdrop against which this is all unfolding.

1:29.3

The UK is very keen to encourage foreign investors to part with their cash.

1:35.3

So how to manage this balance?

1:37.3

Simon Zakaria is a senior M-lex correspondent based in London,

1:41.3

and he's been digging around to make sense of this regulatory

1:45.0

uptick and he joins us now okay Simon walk us through this one step at a time what has happened here

1:53.7

hello James well last week the UK government put before UK lawmakers its national security and investment bill.

2:04.0

And this is basically a fundamental reform of the state's powers to screen dealmaking by foreign

2:09.6

companies or investors to protect national security.

...

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