until recently, unknown. This has changed, since then, the Chinese company has made Fujian Grand Chip Investment (FGC) announced that it would acquire Aixtron. Economy Minister Sigmar Gabriel (SPD) took place the first safer. Now, however, he checks again – allegedly because American intelligence agencies had informed the German government that the company’s purpose-built production equipment for the semiconductor industry, could also be used militarily.
The United States has increased the pressure. As Aixtron announced in a mandatory announcement on Friday evening, recommended by the important American Committee for foreign investment in the United States (CFIUS) concerns regarding the national security of the United States and therefore the American President, against the Acquisition.
The CFIUS placed close to the two companies, therefore, the transaction to cancel. Aixtron and the Chinese prospective buyer, but want to stick to their plans – the end of the acceptance period, the Aixtron shareholders had used the Chinese around 73 per cent of the shares.
us President Barack Obama now has 15 days to decide. The question arises, however: Why did the United States actually, as to whether a Chinese company buys a German or not? What’s the legal behind it?
The CFIUS reviewed foreign investment in the United States from the point of view of “national security”. The Committee of representatives of several ministries and, for example, the foreign intelligence service, the CIA. Decisive is not only whether or not a Takeover of the company concerned is American. It is also important if an international company does a considerable business in the United States, and the same applies for Aixtron. The company has a location in Sunnyvale, California.
Legally, the us President can not prohibit the Acquisition. He can threaten that he includes in this case, the American business by Aixtron. So that he could prevent the de facto Takeover, when the guides of Aixtron and FGC want to avoid the risk.
without a doubt, the Act of CFIUS is not. The Committee is occasionally suspected, to prevent Takeovers, and to strengthen the domestic industry. The panel has examined, according to the latest Figures available in 2014, a total of 156 Acquisitions because of possible safety concerns, significantly more than in the previous year. The focus was on information and communication technology and the semiconductor industry. In the year 2015, the number of procedures was costing the law firm Freshfields on the highest or second-highest level in the last 15 years.
Geographic focus was, as in previous years, China, with about 25 proceedings in addition, South Korea. Freshfields Partner Christoph Seibt spoke to the Frankfurter Allgemeine Zeitung in the context of “protectionist tendencies” in the United States, but also elsewhere. “What is of national interest, and to determine the countries themselves,” he says. China is influencing the Events on the anti-trust law.