Home » Notes » From Fretting Takeovers to Vetting CFIUS: Finding a Balance in U.S. Policy Regarding Foreign Acquisitions of Domestic Assets

From Fretting Takeovers to Vetting CFIUS: Finding a Balance in U.S. Policy Regarding Foreign Acquisitions of Domestic Assets

PDF · Gaurav Sud · Oct-16-2012 · 39 VAND. J. TRANSNAT'L L. 1303 (2006)

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 that welcoming foreign investment is a hallmark of U.S. foreign policy not to be changed.  This Note suggests a reform addressing both of these concerns in the hope that, when the next such transaction is called into question by U.S. politicians, the concerned parties will have a well-established legal doctrine to guide them.

Leave a Reply

ExpressO Top 10 Law Review


The Vanderbilt Journal of Transnational Law mourns the death of its founder, Professor Harold G. Maier.

We are pleased to announce the 2014-2015 Board of Editors and 2014-2015 Editorial Staff Members.

Please join us in congratulating the Vanderbilt Journal of Transnational Law 2013-2014 Annual Award Winners.

Coming up:

The Vanderbilt Journal of Transnational Law invites you to its 2015 Symposium, This is Not a Drill: Confronting Legal Issues in the Wake of International Disasters.

Recent and dire international disasters, both environmental and humanitarian, have left legacies not only of destruction and destitution, but also of an uncertain legal landscape. The Symposium will address current and pressing international-disaster-response topics. These will include environmental effects, disaster assistance, humanitarian assistance, and criminal processes and sanctions in the wake of various types of international disasters. Symposium participants will include leading scholars from across the country.

The 2015 Symposium will take place on Friday, February 13, 2015 at Vanderbilt Law School, 131 21st Avenue South, Nashville, TN 37203. A detailed schedule will be available soon.

For information on the 2015 Symposium, as well as past symposia hosted by the Journal, please visit the Symposium page.

Explore Other Vanderbilt Law Resources