May 19, 2008
CFIUS: Administrative Law Meets Deals
Posted by David Zaring

We've blogged a bit about CFIUS here - it is the committee process that vets deals for national security implications.  The takeaway has been, in part, that this process is becoming an anti-takeover tool that is part of the fabric of the way M&A increasingly works, given that this is a global world, etc.  But don't take my word for it.  Consider the way this analyst looks a the possibility that EADS might buy the US defense indutry contractor DFS:

"It may that DRS is too big a bite for EADS. The deal is likely to be CFIUS-sensitive and it might be expensive to get over the break-up fee," said JP Morgan analyst Harry Breach.

So that's the idea.  CFIUS is like break-up fees.  Just part of the process.  We've told you about the new regulations under consideration by the committee; here is the Wall Street Journal and Skadden Arps with more.

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