S H E A R M A N & S T E R L I N G L L P | 2 5
MERGER CONTROL
CFIUS REFORM
A N E W C O N C E R N F O R
F O R E I G N I N V E S TO R S
BY DJORDJE PETKOSKI AND BRIAN HAUSER
The Committee on Foreign Investment in
the United States (CFIUS) is a committee of
representatives of nine federal agencies
tasked with reviewing investments in, or
acquisitions of, U.S. companies by foreign
investors for national security concerns and
recommending to the President whether
to block such transactions. CFIUS has
traditionally lived in the shadows of the
Department of Justice's and Federal Trade
Commission's antitrust merger reviews, but
with the rise of foreign investment in U.S.
companies, particularly Chinese investment in
the high-tech sector, and heightening global
trade tensions, CFIUS has stepped into the
limelight with a more aggressive posture, and
Congress has enacted legislation to grant
CFIUS new powers.
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