EU merger control and national security assessment: A moving target

Ioannis Kokkoris

Chapter 13 in Research Handbook on Global Merger Control, 2023, pp 328-351 from Edward Elgar Publishing

Abstract: The staggering increase of foreign investments has been seen by some European governments as a threat to their national security. Consequently, they have long been requesting the adoption of a common system of evaluation of foreign investments. Such a system came into force in October 2020. This chapter retraces some seminal merger cases that have paved the way to the adoption of this collective approach. It then assesses the key features of this new FDI framework and discusses the potential implications of this new regime. The chapter further examines whether this new FDI screening regime is an effective tool to address foreign investment that can have an adverse impact on national security. The chapter suggests that the predominance of nationalist and protectionist goals could inadvertently undermine legal certainty that is essential for FDI.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
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