M&A in the United States: What Chinese Companies Need to Know about Exon-Florio Review in the Clean Technology and Other Business Sectors

By Fred M. Greguras (Palo Alto), Michael J. O'Neil (Washington, D.C.), and Chenhao Zhu (Palo Alto)

The clean technology business sector has become very important to China’s economy. As the U.S. is still a leader in clean technology innovation, the recent sector shakeout makes strategic business or asset targets in the U.S. attractive to Chinese companies. Controlling interests in a number of U.S. solar project developers with project pipelines have already been acquired by foreign solar module companies. The federal government's Exon-Florio review process is a significant planning consideration for any Chinese company looking to complete transactions in the U.S.

This article provides an overview of the Exon-Florio review process, the timeframe for decision-making and practical guidance for Chinese companies considering transactions in the U.S. While the focus is on the clean technology sector, the guidance is applicable to other business sectors as well.

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