The Dog That Didn’t Bark: CFIUS Clearance Of A123

Law360, New York (February 14, 2013, 8:49 AM EST) -- Review by the Committee on Foreign Investment in the United States (CFIUS) often raises fears among outside observers that political and protectionist considerations, rather than true national security concerns, will play an undue role in the review of transactions. However, CFIUS’s recent uneventful clearance of the acquisition of bankrupt battery manufacturer A123 Systems Inc. by a large Chinese automotive components manufacturer, the Wanxiang Group, is evidence that even when politics, protectionism and xenophobia all appear to be significant obstacles, CFIUS will not raise objections if it...
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