Automotive Black Technology Chapter 1385: : Special Review Team (Happy New Year’s Eve!)
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"The agency currently leading this technology acquisition case is the special review team of the Japanese Industry Agency. Somehow, they now have possession of our declaration information in China, and use it as a basis for commercial fraud and cutting-edge technology illegal activities. The basis for output through normal channels. We have filed a complaint with the agency yesterday and notified our embassy in Japan, asking them to intervene and help us with our counterclaim."
Early in the morning, during breakfast, Zhang Wei and others introduced the current situation to Li Fanyu.
Although I didn’t take any information and just held porridge in my hands, this did not affect the report of a group of top domestic legal workers.
After being exposed to cases and a lot of written work for many years, the memory of these guys has reached a terrifying state. Bills and amendments related to this incident were kept coming. If the kimchi and the rice **** on the lips hadn't affected the overall atmosphere of the conversation, the restaurant would have been like a court.
Li Fanyu listened to everyone's reports while nodding his head while eating breakfast.
He is aware of Japan’s special review team. In fact, this review team is not a new department, but one that was established just five years ago and is directly responsible to the Prime Minister of Japan. It consists of the Industry Department, the Safety Administration and other 7 Such a special organization composed of several Japanese departments.
It's just that the administrative relationship is still affiliated with the Industrial Department.
Such an organization is actually not new. It was established based on the notorious CFIUS in the United States, which was the investment committee of the United States.
Similar organizations exist in every country. The purpose of its existence is mainly to investigate each case of foreign capital investment in its country. Each investigation is composed of national defense, finance, industry or a certain government agency that may be affected by the transaction.
In fact, both the Committee on Foreign Investment in the United States and Japan's special review team are composed of more than a dozen government departments, and they often temporarily involve relevant governments due to different directions of the investigation. department.
China's National Development and Reform Commission actually has similar functions.
It’s just that after China joined the WTO and the special national conditions of developing countries, it generally has a relatively tolerant attitude towards overseas investment.
But Japan’s special review team and the U.S. Committee on Foreign Investment in the United States are not so friendly. This kind of department will provide a "risk analysis" of possible attacks based on the commercial content involved in the enterprise or technology acquisition.
If the department believes that some measures can be taken to prevent potential threats and the reservation can be implemented, it will directly recommend it to the parties involved in the acquisition. Among these measures are "technologies that ensure only authorized users can access, and certain product regulations that only national enterprises can handle."
According to the normal provisions of the bill and amendments; if you want to prevent the transaction of a certain overseas asset, you need to obtain two precise results; one is to find credible evidence that foreign interests are controlling and may take sabotage actions . Second, there are indeed no other legal provisions that can provide legal and appropriate rights to protect national interests and security.
Formally these two provisions give this organization the power to override the law. Therefore, most of the time, this agency's "suggestions" to the corporate contractors of both parties to the transaction directly become "interventions."
Just like what Zhengxin is facing now.
"This special review team has disrupted 9 mergers and technology acquisitions in the past two years. Among them, Deli Group acquired Onex Electrical Engineering Company, a subsidiary of Japan's Sanyo, for US$970 million. Hyde Group and Hitachi signed a partial integration merger and acquisition of China worth US$5.4 billion in cash, as well as Zoomlion’s acquisition of 15 technologies from Kawasaki Heavy Industries worth US$3.5 billion..."
After hearing these "records" of the special review team, Li Fanyu put the rice ball in his hand aside.
"The other party is outside the law, so this lawsuit is not easy to fight." He sighed.
"Definitely," Zhang Wei said with some embarrassment, "This agency is like an executioner holding Shang Fang's sword. Two special regulations determine that they have the right to convict on groundless grounds, veto and block a transaction that is not They need explanations and reasons. On the other hand, they also have the right to execute and directly interfere with normal acquisitions, bypassing the legal process.”
Li Fanyu nodded, "That's why I don't have high hopes for the outcome of your rights protection action in Japan this time."
Seeing that after he finished speaking, everyone present felt a little depressed, and Li Fanyu smiled.
"But although it seems unlikely to be resolved through formal legal channels,... it is still very necessary to have an attitude of waffling.
In this way, you guys are filing lawsuits here and causing more trouble in Shenzhen City. Don't make us afraid of them. You must work hard to get it from the embassy and the Ministry of Commerce. After all, in recent years, our companies have always been targeted in overseas acquisitions. This phenomenon must be taken seriously.
China is developing more and more rapidly, and there will definitely be more and more large-scale acquisitions and technology mergers and acquisitions in the future. When will the blind tolerance of such unfair treatment end? Don’t we also have a National Development and Reform Commission and regulatory agencies? It is absolutely possible to launch retaliatory countermeasures!
For such matters, we must express our attitude and let the higher authorities take it seriously. ”
"I understand Mr. Li."
After hearing what he said, everyone nodded and said excitedly.
I sorted things out with everyone in the legal department and finished breakfast.
Seeing that Li Fanyu had no intention of going out, Zhang Wei said: "Director Li, what are your plans?"
Li Fanyu thought for a moment and patted him on the shoulder: "I'll leave the wrangling to you. Give me two people. My idea is to go to Jiang Laichuan Technology first. You You know, in matters like intervention review, the attitude of the acquired company can greatly affect the outcome of the intervention case."
"What do you mean, go directly to talk to Tanaka and the others? Director Li, this..." Zhang Wei has been involved in the entire acquisition of the Mechanical Shikigami, so he naturally knows the twists and turns involved.
"Tanaka and the others may hate you very much now. If you go now, will it have any counterproductive effects?"
He said worriedly.
Li Fan smiled foolishly, "Since this is the case, how could things get any worse? Maybe this is a breakthrough. How will you know if you don't give it a try."
Zhang Wei had no reason to refute. Seeing Li Fanyu's firm attitude, he immediately found two people to serve as Li Fanyu's envoys.
After the two groups said goodbye, Li Fanyu took a car directly and rushed to Jiang Laichuan Technology on the outskirts of Dongjiang.