CFIUS Threatens to Block Magnachip Deal; Shows Willingness to Interpret Its Jurisdiction Broadly

September 10, 2021

Magnachip Semiconductor Corporation, a South Korea-based semiconductor company, recently disclosed that the Committee on Foreign Investment in the United States threatened to recommend that President Biden exercise his authority to block a Chinese private equity firm’s acquisition of Magnachip due to unresolvable national security concerns.

Given Magnachip’s very limited nexus to the United States, this case demonstrates the willingness of CFIUS to stretch its jurisdictional arms, especially when it comes to transactions implicating sensitive sectors.

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