Comment by djoldman

4 months ago

I've often wondered about where the lines would be for a similar issue in the USA:

> CFIUS oversees transactions that might give foreign entities control of U.S. businesses. This includes mergers, acquisitions, or takeovers. It also reviews investments in critical technologies, infrastructure, sensitive data, and specific real estate deals. At CFIUS' recommendation, the President may suspend or prohibit transactions deemed threatening to U.S. national security.[0]

If a US company is blocked from being acquired, presumably the CFIUS considers the company to be "nationally strategic."

In an unlikely hypothetical, I'm curious what the US would try to do in this scenario:

1. US company A agrees to be acquired by foreign company B.

2. CFIUS recommends blocking the acquisition under nation security grounds and the US president executes the block.

3a. US company A threatens to shut down all operations if the block is not lifted.

3b. US company A immediately destroys all assets irrevocably in spite.

In 3a, my guess is that the US would cook up or find some legal scheme to take over the company.

In 3b, the US has no warning and the company succeeds in denying the US something the US considers a strategic asset, although to its demise.

It reminds me of the Invention Secrecy Act.

In a nation that holds private property to be more sacrosanct than most nations, it's super interesting when the the government forcibly takes property. Things like eminent domain never feel natural in the US.

[0] https://en.wikipedia.org/wiki/Committee_on_Foreign_Investmen...

[1] https://en.wikipedia.org/wiki/Invention_Secrecy_Act