“Choose France,” President
So last year
Sign up for The Brief, a daily afternoon newsletter showcasing Bloomberg Law’s top stories.
The Texas-based company, which makes parts for industrial machinery, was trying to buy a Canadian group with an offshoot in France while Macron — a former investment banker — is redoubling efforts to attract foreign capital and spur an industrial renaissance.
But watching over the negotiations was a secretive government agency that’s become more and more activist about frustrating business deals in the name of national security. While the US company was still working on its acquisition, the agency known by its French acronym Sisse quietly sprung into action.
It recommended the state seek out alternative, local buyers for the factories which make equipment used in submarines and nuclear reactors. Later, Finance Minister
The intervention,
Their mission takes inspiration from the mechanisms others like the US use to protect their economic interests — but it also works against them, exacerbating a climate of economic protectionism that has spurred countries to trade with a closer eye on geopolitics.
France has long sought to exercise its protectionist muscles, annoying competitors and even its more liberal EU allies with policies designed to put French interests first. After both Covid and Russia’s war in Ukraine caused a rethink of supply chains across the western world, those impulses found an opportunity.
Three years ago Le Maire rebuffed a $20 billion takeover bid from another Canadian company,
Sisse’s intervention into the Flowserve deal shows these concerns at work, as the country races to repair its
The pandemic was a turning point for France’s economy in another way: As valuations tumbled after the economy went into lockdown, foreign investors with deep pockets began to eye struggling French firms. Macron responded with a temporary toughening of rules to screen investments, which has since been made permanent. When he was reelected in 2022, the president underscored the shift in priorities by changing his finance minister’s responsibilities to add “industrial and digital sovereignty.”
Although Le Maire’s future is uncertain while Macron
The Treasury’s heightened vigilance sits uneasily with regular boasts from the government that Macron has turned France into a hotbed for inward investment, propelling it past Germany and the UK
Interest rates that rose through much of last year have weakened indebted companies, making them less likely to seek traditional bank financing and pushing them “instead to look for equity, potentially relying more on foreign investors,” according to Sarah Guillou, economist at the OFCE think tank.
Many officials in Paris, including Le Maire, say the broader challenge is that Europe is becoming a collateral victim of the race for technological advantage between the US and China. “Global geopolitics has become tougher,” Sisse’s chief Joffrey Celestin-Urbain told Bloomberg News. “These macroeconomic tensions give rise to microeconomic alerts.”
In that climate, his agency has become the first clearing house for many foreign investors into France — whether they know it or not. Sisse can flag acquisition attempts it thinks pose a high risk of being scuppered were they to advance to a more formal screening process in which the finance minister acts as arbiter. That makes its principal weapon dissuasion. Any company that doesn’t follow Sisse’s guidelines is at greater risk of disappointment further down the line.
Flowserve ultimately gave up on the entire plan of acquiring Velan, whose French businesses represented just a quarter of a deal worth almost $250 million. Flowserve declined to comment on Sisse’s role in the prelude to the minister’s blocking its acquisition attempt. Velan didn’t return a request for comment.
A person familiar with the French government’s thinking said any foreign investor would be subjected to the same level of screening. Paris authorities are not aware of another plan to sell the units.
In order to stand a chance on sensitive acquisitions, foreign firms are increasingly approaching Sisse themselves, according to people familiar with its workings, as they look to shape deals in hope of subsequent approvals. Firms or individuals are now filing thousands of reports every year on a confidential basis, and Celestin-Urbain says his team responds to each one individually.
In the case of an unwanted takeover or investment, Sisse’s direct tools are limited. It is often a case of looking for alternative French buyers, like the state-backed Fonds France Nucleaire or Bpifrance, or setting conditions on any financing from the French state. Still, “we aren’t the Tinder for funding French strategic companies,” Celestin-Urbain said on the social-media platform X.
As well as reviewing sensitive investments and acquisitions, the Sisse agents — who number close to 50 — have a responsibility for monitoring legal actions in France and abroad, and keeping an eye out for potential academic espionage, wherein fake PhD students join university programs to gain access to sensitive research.
Sisse’s meeting rooms in the vast brutalist building on the right bank of the Seine are as austere as any other government office. Yet they reflect the competing imperatives to impress foreign adversaries and protect Europe’s second-largest economy from them.
Officials sit on antique chairs upholstered with velvet and brought in from the Louvre, where the finance ministry was located until the end of the 1980s. A statue of Louis XIV’s finance minister Jean-Baptiste Colbert, the famous
Celestin-Urbain says his actions reassure investors by guiding them and giving them visibility — sometimes saving months of due diligence and legal fees. Still, French authorities can find themselves in a bind when having to chose between overtures from foreigners or watching a company close because it cannot find local investors.
“Today, nobody can continue to ignore the sovereignty parameter when buying companies in strategic sectors,” Celestin-Urbain said. “We aim as much as possible to ensure economic security without destroying value or restricting the freedom to do business.”
To contact the authors of this story:
To contact the editor responsible for this story:
Richard Bravo
© 2024 Bloomberg L.P. All rights reserved. Used with permission.
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.