Breakingviews - Britain's beefed-up M&A watchdog

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Nielsen is reminding investors of regulatory trip wires when it comes to cross-border activity. The UK government is investigating stake-building by activist WindAcre Partnership, which opposes the video-rating company’s pending $10 billion sale, according to Bloomberg. WindAcre has bought more than a quarter of Nielsen's shares.

The National Security and Investment Act 2021 set up a review procedure for investments in any company linked to the UK and involved in any of. It's akin to the Committee on Foreign Investment in the United States, or CFIUS. While the UK process covers artificial intelligence, in which Nielsen says it is involved, the idea that a non-British stake in a UK-based but U.S.-listed company is a grave risk to the UK seems surprising.

Regulators also sometimes test their own limits. CFIUS in recent years investigated already-closed deals that were never notified to the committee. Merger agreements changed to account for the risk. Similarly, as Chinese merger reviews have grown more aggressive, U.S. dealmakers have taken note. WindAcre’s brush with a new cop on the UK beat is a heads-up for everyone else.

 

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