European M&A is expected to become more complex after European legislators agreed on a new Foreign Subsidies Regulation (FSR), which came into force in January 2023 and aims to control subsidies that distort the EU internal...more
7/25/2023
/ Acquisitions ,
Disclosure Requirements ,
EU ,
European Commission ,
Foreign Subsidies ,
Investment Funds ,
Joint Venture ,
Mergers ,
New Regulations ,
Notice Requirements ,
Private Equity
Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers.
Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are...more
A new regulation to control foreign subsidies could entail more complex, costly, and time-consuming deal clearances.
European M&A is set to become more complex after the entry into force of the Foreign Subsidies...more
10/24/2022
/ Acquisitions ,
Competition ,
Complex Corporate Transactions ,
EU ,
European Commission ,
European Merger Control Regulation ,
Foreign Subsidies ,
Joint Venture ,
Mergers ,
New Regulations ,
Subsidies
Private equity’s growing appetite for UK-listed targets comes with the need for Takeover Code-savvy dealmakers.
Amid stiff competition for attractive private targets, PE firms are competing more regularly against...more
From potential cartel behaviour to repaying government loans, deal teams should remain alert to lingering issues rooted in a company’s response to the pandemic. The recovery of the European PE market since the early days of...more
6/28/2021
/ Acquisitions ,
Asset Purchase Agreements ,
Business Valuations ,
Cartels ,
Complex Corporate Transactions ,
Contract Terms ,
Coronavirus/COVID-19 ,
EU ,
Federal Loans ,
Material Adverse Change Clauses (MACs) ,
Private Equity ,
Purchase and Sale Agreements ,
Representations and Warranties ,
Risk Assessment ,
Share Purchase Agreements
As interest in European SPACs heats up amid an increasingly receptive regulatory environment, dealmakers must navigate market differences.
While US special purpose acquisition company (SPAC) IPOs and related M&A activity...more
Despite certain regulatory and challenges, PE buyers will likely see more investment opportunities in the gaming industry. The global gaming market reached a valuation of US$135.8 billion in 2020, accounting for a staggering...more
3/17/2021
/ Acquisitions ,
Gaming ,
Institutional Investors ,
Intellectual Property Protection ,
Investment Funds ,
Investors ,
Mergers ,
Nasdaq ,
Private Equity ,
Private Equity Firms ,
Special Purpose Acquisition Companies (SPACs) ,
Video Games
Successfully executing an acquisition from stress, distress, or insolvency requires a creative approach to reconcile competing interests. ...more
Buyout firms must beware the unique legal, regulatory, and commercial issues that can complicate sports transactions and impact returns.
Private equity interest in sports assets has grown over the last few years, with...more
Amid FDI screening regime expansion, deal teams have opportunities to capitalise on newly available exemptions, but must beware novel complexities.
US intervention in the proposed acquisition of hotel-software company...more
Digital due diligence becomes increasingly important when buying digitally native beauty brands.
Recent high-profile beauty M&A deals, coupled with current economic uncertainty, have brought renewed interest in the...more
How can deal teams capitalise on the latest trend in the deal insurance market to improve bid success?
The emergence of contingent risk insurance policies, which address known risks that would otherwise be excluded from...more
Sustainable finance and its surrounding infrastructure offers growing potential for deals and green innovation.
The global sustainable finance market has expanded rapidly in recent years, approaching US$320 billion in new...more
12/9/2019
/ Acquisitions ,
Asset Management ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Debt Market ,
Environmental Social & Governance (ESG) ,
EU ,
Green Bonds ,
Green Finance ,
Investment ,
Mergers ,
Private Equity ,
Private Equity Funds ,
Publicly-Traded Companies ,
Sustainability ,
UK ,
United Nations
How can private equity firms identify and mitigate inherited liability risk from vulnerable portfolio companies?
Ongoing big ticket regulatory fines coupled with high profile corporate veil cases indicate that private...more
9/30/2019
/ Acquisitions ,
British Airways ,
Data Breach ,
Due Diligence ,
General Data Protection Regulation (GDPR) ,
Information Commissioner's Office (ICO) ,
Mergers ,
Piercing the Corporate Veil ,
Portfolio Companies ,
Private Equity ,
Private Equity Firms ,
Risk Assessment ,
Risk Mitigation ,
Successor Liability ,
UK
Firms targeting assets divested by conglomerates still face obstacles, though barriers to PE investment in Japan are gradually falling.
Many hurdles that traditionally challenged private equity firms looking to invest in...more
9/30/2019
/ Acquisitions ,
Cross-Border Transactions ,
EU ,
Foreign Exchanges ,
Foreign Investment ,
Foreign Trade Regulations ,
Global Economy ,
Japan ,
Mergers ,
Popular ,
Private Equity ,
Taxation (Cross-border Trade) Act 2018 (TCTA 2018)
Companies previously considered immune from activist campaigns have come under pressure, driving new public and private deal opportunities for private equity.
US shareholder activists are an established presence in Europe....more
6/25/2019
/ Acquisitions ,
Complex Corporate Transactions ,
Corporate Governance ,
EU ,
Financial Sponsors ,
Mergers ,
Private Equity ,
Privately Held Corporations ,
Publicly-Traded Companies ,
Shareholder Activism ,
Shareholders ,
Short Selling ,
UK
Ten years ago, a PE investment in a European bank would have been a rare occurrence. However, more recently, PE firms have deployed capital in the banking sector, encouraged by changing regulatory perceptions of PE bidders....more
In a continually evolving antitrust landscape, we consider five key trends that PE deal teams should be aware of.
Focus on Non-Controlling Stakes in Competing Companies -
Antitrust authorities are paying closer...more
3/13/2019
/ Acquisitions ,
Antitrust Division ,
Common Ownership ,
Competition Authorities ,
Document Productions ,
EU ,
European Commission ,
Gun-Jumping ,
Investors ,
Merger Controls ,
Private Equity ,
UK
Latham & Watkins partner David Walker explains the M&A term best efforts, a common provision in an acquisition agreement that describes how hard a party needs to work to make good on its commitments. For additional...more