BERLIN, July 12 (Xinhua) -- The German federal government wants to increase its powers to prevent the sale of German firms, the Sueddeutsche Zeitung newspaper reported on Wednesday.
According to a draft directive the Ministry of Economics, expected to be passed formally by Chancellor Angela Merkel's cabinet on Wednesday, the federal government would be able to prohibit corporate takeovers should they endanger so-called "critical infrastructure."
The new regulatory provisions are intended to prevent the loss of expertise to foreign actors and mark a late reaction to a series of high-profile takeovers by international investors.
However, the related shift towards a protectionist stance casts doubts over Berlin's self-proclaimed commitment to free trade. In the wake of Donald Trump's election as U.S. president, Merkel and other senior German politicians have used several opportunities to publicly emphasize their country's continued support for globalization.
The new directive considerably widens the scope of German policymakers when it comes to trade and for the first time defines a "threat to public order" caused by corporate takeovers.
Investors from non-EU countries will find it harder to purchase firms which are deemed to constitute "critical infrastructure." The same holds true for takeovers of software companies which develop programs for electricity networks, power stations, water management, financial institutions, telecommunication, hospitals, airports or railway stations.
Rules for foreign takeovers are also being tightened for firms which have access to data stored via cloud computing.
"We know that there is critical infrastructure which is attractive for investors," Mathias Machnig, Secretary of State in the Ministry of Economics, told Sueddeutsche Zeitung. "We are an open economy, but we are not naive," he added.
Due to a resulting need for time-consuming research into mergers, the directive grants authorities a period of four months for audit activities, twice as long as it was previously possible.
The examination process may involve the use of information from intelligence services and includes an inspection into whether a mere "brass plate" company had been set up within the EU for the purpose of corporate acquisitions.
In parallel to this domestic push towards more protectionism, the German government is working towards a change in EU-wide regulations for takeovers.
The European Commission in Brussels is responsible for trade policy within the EU, making it the institution with the most expertise and authority in dealing with sensitive corporate mergers.
In February, the German, French and Italian ministries of economics had warned the Commission in a joint statement of what they perceive as a "sell-out of European expertise." The EU required more powers to defend its interests in this context, they claimed.
Related discussions between the Commission and national governments are ongoing.
