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Foreign Direct Investment (FDI) Screening Laws And Their Impact On Cross Border Mergers And Acquisitions: A Legal Analysis




Nupur Dhaneriya, Jagran Lakecity University

Anushka Bansal, Indore Institute of Law


ABSTRACT


This paper studies evolving FDI screening laws and their impact on cross- border mergers and acquisitions (M&A), particularly focusing on India, the US and the EU. With global regulatory regimes tightening due to rising geopolitical tensions and frail technology, legal uncertainty and strategic pressure are becoming commonplace for foreign investors. This study analyses the comparative legal frameworks of FDI screening laws with respect to their institutional design, procedural clarity, and protection of the investor. Through analysing case studies and recent policies, we can understand these regulations’ influence on deal timeline, flow, and sectors. In the end, the paper suggests policies to change India’s FDI screening system that will balance India’s security interests and the need for a stable and predictable investment environment.


Keywords: The FDI, M&A, Mergers and Acquisitions, FDI Screening Laws, CFIUS, National Security, Comparative Legal Analysis, India, EU Regulation 2019/452.



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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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