Competition law and foreign direct investment

  • What does foreign direct investment relate to?

    Foreign direct investment (FDI) is a category of cross-border investment in which an investor resident in one economy establishes a lasting interest in and a significant degree of influence over an enterprise resident in another economy..

  • What is foreign direct investment?

    Foreign direct investment (FDI) is an ownership stake in a foreign company or project made by an investor, company, or government from another country..

  • What is the benefit of FDI to competitors in the host country?

    By facilitating the entry of foreign organizations into the domestic marketplace, FDI helps create a competitive environment, as well as break domestic monopolies.
    A healthy competitive environment pushes firms to continuously enhance their processes and product offerings, thereby fostering innovation..

  • Where is direct foreign investment?

    Foreign direct investments can be made in a variety of ways, including opening a subsidiary or associate company in a foreign country, acquiring a controlling interest in an existing foreign company, or by means of a merger or joint venture with a foreign company..

  • Why is foreign direct investment important?

    As businesses are widespread all over the world, the role of FDI in shaping the global economy continues to grow.
    FDI plays an important role in driving economic growth and development by creating new jobs, increasing productivity, and good relationships between businesses and countries globally..

  • Theories of FDI may be classified under the following headings:

    Production Cycle Theory of Vernon. The Theory of Exchange Rates on Imperfect Capital Markets. The Internalisation Theory. The Eclectic Paradigm of Dunning.
  • An increase of the ratio of FDI and GDP implies a greater share of FDI thus increase of the level of globalization.
    FDI flows (inward and outward) as a percentage of GDP indicate the degree of global investment activities of the economy for a given time period and reflects the changes between two periods.
  • Answer and Explanation:
    One is the location-specific advantages tied to using assets from the access to the foreign country's market.
    Secondly, entities could invest in another country to equal their rival's progress.
  • Foreign direct investment (FDI) involves an investor investing in a business in another country to obtain a degree of control over its management.
    FDI methods may include establishing a subsidiary in the host country, merging or acquiring a foreign operation, or initiating a joint venture with a firm abroad.
  • Source: OECD International Direct Investment Statistics database.
    Top recipients of FDI inflows worldwide in the first quarter of 2023 were the United States (USD 109 billion), Brazil (USD 21 billion), and China (USD 21 billion).
The main concern is that global “bidding wars” to attract FDI may be producing an uncontrolled upward spiral in costly “investment incentives” that weaken 
This paper will review statistical evidence to find evidence of the impact of national competition laws in encouraging inward FDI.

Can competition law prevent FDI?

As pointed out by the IB literature since the seminal work of Brewer ( 1993 ), competition law leaves room for enforcement discretion and may be abused as a barrier to investment and intentionally manipulated to prevent FDI (Büthe, 2014; Clougherty & Zhang, 2021; Tunali & Fidrmuc, 2015 ).

Is FDI regulated in Japan?

Foreign direct investments (FDI) in Japan are regulated by the Foreign Exchange and Foreign Trade Act (the FEFTA).
Over the past few years, there have been major amendments to the … In Mexico, foreign direct investments (FDI) are regulated by the Foreign Investment Law (FIL).

What are the rules on foreign direct investment in Portugal?

The Portuguese rules on foreign direct investment are governed by Decree-Law no. 138/2014 (FDI Law).
In April 2022, Romania introduced an overhaul of its foreign direct investment (“FDI”) regime through Government Emergency Ordinance no. 46/2022 on measures for applying EU Regulation … .

What is the Dutch Foreign Direct Investment Act 2022?

On 18 May 2022, the Dutch Parliament adopted a law that introduces a generally applicable foreign direct investment screening regime (the Act).
The purpose is to complement the exi … The Portuguese rules on foreign direct investment are governed by Decree-Law no. 138/2014 (FDI Law).

Can competition law prevent FDI?

As pointed out by the IB literature since the seminal work of Brewer ( 1993 ), competition law leaves room for enforcement discretion and may be abused as a barrier to investment and intentionally manipulated to prevent FDI (Büthe, 2014; Clougherty & Zhang, 2021; Tunali & Fidrmuc, 2015 )

What are the laws governing foreign direct investments in Indonesia?

In Indonesia, the primary legislation governing foreign direct investments (FDI) is Law No

27 of 2007 regarding Capital Investment (as amended)

FDIs are under the supervision and auspic …

What is the Dutch Foreign Direct Investment Act 2022?

On 18 May 2022, the Dutch Parliament adopted a law that introduces a generally applicable foreign direct investment screening regime (the Act)

The purpose is to complement the exi … The Portuguese rules on foreign direct investment are governed by Decree-Law no

138/2014 (FDI Law)
Foreign direct investment and the environment involves international businesses and their interactions and impact on the natural world.
These interactions can be observed through the stringency applied to foreign direct investment policy and the responsiveness of capital or labor incentive for investment inflows.
The laws and regulations created by a country that focuses on environmental regimes can directly impact the levels of competition involving foreign direct investment they are exposed to.
Fiscal and financial incentives stemming from ecological motivators, such as carbon taxation, are methods used based on the desired outcome within a country in order to attract foreign direct investment.

The Foreign Investment Review Agency (FIRA) was established by the Canadian Parliament in 1973 to ensure that the foreign acquisition and establishment of businesses in Canada was beneficial to the country.
The Foreign Investment Review Act that created the agency was the culmination of a series of government reports and debates.
The 1957 report of the Royal Commission on Canada's Economic Prospects (known as the Gordon Commission) firmly planted foreign investment on the political agenda.
Next, the 1968 Watkins report (known formally as Foreign Ownership and the Structure of Canadian Industry), called for a national policy capable of handling Canada's interests in the age of the multinational corporation.
Competition law and foreign direct investment
Competition law and foreign direct investment

Proposed free trade agreement between the EU and the US

The Transatlantic Trade and Investment Partnership (TTIP) was a proposed trade agreement between the European Union and the United States, with the aim of promoting trade and multilateral economic growth.
According to Karel de Gucht, European Commissioner for Trade between 2010 and 2014, the TTIP would have been the largest bilateral trade initiative ever negotiated, not only because it would have involved the two largest economic areas in the world but also because of its potential global reach in setting an example for future partners and agreements.

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