The rise of protectionist rhetoric in the US and UK is
green paper recently published by the UK government is
indicative of a more interventionist, potentially protectionist
administration where critical infrastructure is involved.
Meanwhile it’s no secret that the promotion of
local companies first was a key theme of Donald
Trump’s election campaign, and already talks are
underway in Congress to tighten legislation surrounding foreign
"This is definitely a live topic for M&A practitioners
at the moment – navigating various government
ministries taking an interest in transactions they may not have
otherwise taken interest in," said one private practice lawyer.
"The green paper indicates that there may be a need to bolster
certain areas surrounding critical infrastructure."
At the moment the UK government can issue a public interest
intervention notice or PIIN which triggers an antitrust review
by the Competition and Markets...