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From Fretting Takeovers To Vetting Cfius: Finding A Balance In U.S. Policy Regarding Foreign Acquisitions Of Domestic Assets, Gaurav Sud

Vanderbilt Journal of Transnational Law

Merger law in the United States has historically relied on a system of private ordering with as little intervention from the federal government as possible. This scheme lies in stark contrast to the merger law of many other developed nations and, as such, has become a trademark of U.S. corporate law. Recent events, however, have brought into question the system's desirability in cross-border transactions where foreign entities are investing in U.S. assets. Proponents of reform argue that the federal government should become more involved in the approval process for these transactions given increased concerns of national security, while opponents argue …