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Amended German Investment Controls: Increased Scrutiny and Delays for German Target M&A Deals with Non-EU Buyers

by Dorsey & Whitney LLP on

In line with an apparent trend towards tighter trade and investment controls in various countries, the German government last week adopted stricter rules on investments in German companies by non-EU parties (an EFTA-based...more

Selling to China: Four Key Questions All Private Equity Deal Teams Should Ask on an Exit

by Latham & Watkins LLP on

Chinese acquirers are playing an increasingly important role as buyers of private equity sponsored companies — nearly 200 portfolio companies were sold to Chinese entities in 2016. However, in our view, measures taken by the...more

EU & Competition Law Update – July 2017

by Bryan Cave on

On 14 June 2017, the EU Commission announced that it was opening an investigation into Sanrio, owner of the Hello Kitty brand. Sanrio have been accused by the Commission of an infringement of Article 101 TFEU, the prohibition...more

Possible Wider UK Powers to Block Foreign Acquisitions

by Bryan Cave on

Recent developments show the UK Government’s desire to expand their powers to block foreign takeovers. We explore the nature and scope of the proposed legislation and assess its likely consequences....more

Locked box: Price protection, not price adjustment

by DLA Piper on

DLA Piper recently launched its 2017 Global M&A Intelligence Report in New Zealand. The report analyses data from over 1,000 deals (over the last three years) including from New Zealand and Australia, and provides unique...more

Tokyo Global Transactions Newsletter - June 2017

by King & Spalding on

M&A - the Auction Process - Advantages and Disadvantages and the Key Steps - Introduction - Mergers and acquisitions represent a key growth strategy for many corporations. The M&A landscape is becoming increasingly...more

Innovation drives dealmaking: Outlook for M&A in Israel - Investors continue to flock to Israel, as innovation and technological...

by White & Case LLP on

Dubbed the "startup nation," Israel is an epicenter of innovation. It boasts more venture capital firms and startups on a per capita basis than any other country in the world. In tech terms, it is second only to Silicon...more

Cannabis companies: Think twice about ‘Alternative Public Offerings’

by Thompson Coburn LLP on

As many cannabis industry watchers know, one of the primary challenges still facing cannabis businesses is access to capital, as we have discussed previously on Tracking Cannabis. Heavy regulation in the industry and...more

Foreign Investment Reporting to the United States: In-Bound Investment into the United States Specific Survey Report Forms 5-Year...

by McNair Law Firm, P.A. on

The U.S. Department of Commerce, Bureau of Economic Analysis (BEA), conducts seven (7) mandatory surveys to collect information on direct investment. These seven surveys consist of an initial survey for any new in-bound...more

Anti-Corruption Diligence in the M&A Context

A successful merger or acquisition requires careful consideration of many components and diligence in a number of specialties. Corruption issues, generally, and the global reach of the Foreign Corrupt Practices Act and the...more

Reform of German Competition Law

by McDermott Will & Emery on

A number of amendments to the German competition law (Amendment) entered into force on 9 June 2017. The key changes are: ..Merger control: Introduction of a new “size of transaction”-threshold...more

Preparing for Your Cross-Border Deal: Practice Tips for In-House Counsel

by WilmerHale on

Your CEO just announced that the company wants to acquire a business with global operations. As in-house counsel, you will play a key role in this transaction by ensuring the deal runs smoothly. It’s a tremendous growth...more

The Future of Takeover Regulation and Corporate Governance in the UK

On 19 April 2017, British Prime Minister Theresa May surprised the country by calling a snap general election for 8 June 2017. While much of the discourse relating to the election is focused on Brexit and normal political...more

Is the Commission Starting to Take a Tough Stance on the Enforcement of Merger Procedure?

by Shearman & Sterling LLP on

When a transaction meets the thresholds of the EU Merger Regulation, companies must notify and obtain clearance from the European Commission before implementing the transaction.[1] This means that until clearance is obtained,...more

U.S. Treasury Secretary Mnuchin Urges Amending CFIUS Reviews

by Hogan Lovells on

On Thursday, May 18, U.S. Treasury Secretary Steven Mnuchin waded further publicly into efforts on Capitol Hill to amend the authorizing statute underlying the Committee on Foreign Investment in the U.S. (CFIUS), a U.S....more

EU Competition Newsletter - May 2017

by Bryan Cave on

We have followed over the last years Europe grappling with the issue of most favoured nation clauses and hotel booking. Our last update regarded a joint monitoring project between the CMA and the European Commission, designed...more

Chinese Outbound M&A: 4 Key Questions

by Latham & Watkins LLP on

Overseas direct investment by Chinese companies increased significantly in 2016 to US$212 billion, a 143% increase from 2015. While outbound M&A interest remains strong in China, recent measures taken by the Chinese...more

Public Mergers and Acquisitions in Canada 2nd Edition - May 2017

by Bennett Jones LLP on

Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second...more

M&A Deal Terms in 2017: What Can Deal Teams Expect?

by Latham & Watkins LLP on

Britain’s decision to leave the European Union in June 2016, coupled with the election of Donald Trump as US president in November 2016, gave dealmakers plenty of pause for thought last year – but ultimately did little to...more

European M+A News, Spring 2017

by Morrison & Foerster LLP on

Germany's New Merger Control Regime - New Filing Requirements to Come - ..Introduction of an Upgraded Transaction Value Test ..New Local Nexus Test Requires Further Advance Analysis Germany is about to enact a revised...more

The liberalization of Canadian foreign investment review continues

by Dentons on

The Investment Canada Act (ICA) threshold for review of direct acquisitions of Canadian businesses by World Trade Organization (WTO) investors (or from WTO investors) has increased from CA$600 million to CA$800 million in...more

Executive Order Seeks to Bolster ‘Buy American’ Enforcement

by Morgan Lewis on

US President Donald Trump’s executive order aims to increase the use of US goods and materials in federal acquisitions. On April 18, President Trump signed the Presidential Executive Order on Buy American and Hire...more

Buy and Build Strategy Increases Antitrust Risk for Private Equity

by Latham & Watkins LLP on

Private equity firms have sought a greater number of buy and build opportunities in recent years, amid high valuations and competition for primary deals. In our view such deals carry higher antitrust risks and warrant careful...more

Overview of the Proposed Reforms of the EU Merger Control Regime

by McDermott Will & Emery on

In the past couple of years, the European Commission has decided to review and evaluate the functioning of different aspects of the EU merger control regime regulated by EU Regulation No. 139/2004 of 20 January 2004 on the...more

Tokyo Dispute Resolution & Crisis Management Newsletter – March 2017

by King & Spalding on

US Department of Justice Issues New Corporate Compliance Guidelines - Criteria for the Criminal Division’s Evaluation of Corporate Compliance Programs - Introduction - Recently, and without the fanfare that often...more

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