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Read Mergers & Acquisitions Law updates, articles, and legal commentary from leading lawyers and law firms:

Chinese Buyers Act Quickly – Parallel UK & EU Foreign Takeover Control Systems Proposed

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

EU & Competition Law Update – September 2017

by Bryan Cave on

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European...more

CFIUS Continues to Present an Obstacle to Chinese Acquisitions

by Ropes & Gray LLP on

On September 13, 2017, President Donald Trump issued an Executive Order blocking investment firm, Canyon Bridge Capital Partners Inc. (“Canyon”), from acquiring Lattice Semiconductor Corporation (“Lattice”). President Trump’s...more

President Trump Blocks Acquisition of US Chipmaker by Chinese- Backed Private Equity Fund Amid CFIUS Concerns

by King & Spalding on

Order sends strong signal that Washington will continue to oppose deals with Chinese acquirers involving technologies with potential military applications. On September 13, 2017, President Trump issued an Executive Order...more

China Imposes Further Guidelines on Chinese Outbound Investments

by Morrison & Foerster LLP on

In response to the rapid decline in China’s foreign exchange reserves in 2016, the People’s Bank of China (“PBOC”), along with the National Development and Reform Commission (“NDRC”) and the Ministry of Commerce (“MOFCOM”)...more

European merger rules do not apply to non full-function joint ventures, ECJ clarifies

by Allen & Overy LLP on

On 7 September, the Court of Justice (ECJ) issued a preliminary ruling on the interpretation of the concept of concentration set out in Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings...more

President Prohibits Chinese Investment in U.S. Semiconductor Company Following Recommendation from CFIUS

by Bryan Cave on

On September 13, 2017, President Trump issued an Executive Order citing unresolved national security concerns in prohibiting the $1.3 billion acquisition of a publicly traded semiconductor manufacturer by a group of investors...more

Competition News

by Dentons on

A look back on a decision imposing a fine on Facebook for having provided the European Commission with inaccurate information on its acquisition of WhatsApp - On May 18, 2017, the European Commission imposed a €110 million...more

ECJ judgment in Austria Asphalt smooths over a crack in EU merger control

by Dentons on

The creation of a joint venture from a company which was previously solely controlled by one parent is only subject to EU merger control where it is a "full function" joint venture. So ruled the European Court of Justice...more

European M&A Market Insights, Summer 2017

by Morrison & Foerster LLP on

Germany Strengthens Foreign Investment Control: New Rules to Thoroughly Screen Investments in Enlarged Number of Key Industries - Germany ends its longtime liberal approach to foreign investments by increasing its...more

THE LATEST: European Court of Justice Clarifies Application of European Union Merger Control Rules to Joint Ventures

by McDermott Will & Emery on

On 7 September 2017, the European Court of Justice issued a decision (Decision) on the interpretation of the European Union Merger Regulation (EUMR). The Decision clarifies the conditions under which the EUMR applies to the...more

Funds Talk: September 2017 - Tax Court Declines to Follow Rev. Rul. 91-32

In a recent decision, Grecian Magnesite Mining, Industrial & Shipping Co., SA v. Commissioner, the U.S. Tax Court declined to follow Revenue Ruling 91-32, and held that gain on the sale of an interest in an operating...more

Chinese buyers act quickly – Parallel UK & EU foreign takeover control systems proposed

by Bryan Cave on

On the 14th August 2017, it was widely reported in the UK press how Jean-Claude Juncker, the European Commission President, is preparing to unveil EU foreign takeover controls at a keynote speech in September. Such a system...more

Managing Decommissioning Risks In Asian M&A Transactions

by King & Spalding on

By the end of 2026, approximately 134 producing Concessions and Production Sharing Contracts (each, a “PSC”) will have expired in South Asia. It is expected that 900 fields will cease production (with 45% of such fields being...more

Update: Italian Parliament approves the new National Merger Filing Thresholds

by K&L Gates LLP on

On 2 August 2017, the Italian Parliament has adopted the Italian Competition Law, following a complex and long legislative procedure. As already reported, an intense debate surrounded the discussion and the approval of the...more

Amendment of German Foreign Trade Law – Stricter Regulations for Non-EU Investors?

by Goodwin on

On 12 July 2017, an amendment to the German Foreign Trade Ordinance was resolved, and is expected to come into effect shortly. It is currently being debated in the German and international press whether this can be seen as a...more

European Competition Law Newsletter – August 2017

by McGuireWoods LLP on

Restrictions on Resellers’ Use of Third-Party Internet Platforms - On 26 July 2017, Advocate General (AG) Nils Wahl of the European Court of Justice (ECJ) handed down his opinion in the seminal Coty case concerning...more

Germany tightens restrictions on foreign investment from outside the EU

by Dentons on

On July 18, 2017, Germany passed an amendment to its foreign investment regime that will make acquisitions of German companies by foreign acquirers considerably more time consuming and potentially more complex. Chinese...more

Russia Tightens Control Over Transactions Involving Foreign Investors

Amendments in July 2017 to Russian foreign investment laws have resulted in a significant tightening of control over transactions involving (including investments in) Russian companies by foreign investors...more

Ten things to consider when you do a leveraged finance deal in Belgium

by White & Case LLP on

European Leveraged Finance Alert Series: Issue 7 - With the leveraged finance market staying hot, an increasing number of international sponsors are making acquisitions in Belgium, and upcoming changes in the law will make...more

German Government Amends German Foreign Trade and Payments Ordinance to Widen Control of Foreign Takeovers of Critical German...

by WilmerHale on

On July 12 the German federal government adopted important amendments (the amendments) to the German Foreign Trade and Payments Ordinance (the Ordinance), allowing for wider control of foreign corporate takeovers with a view...more

Germany: Recent Amendments on Review of Foreign Investments - Steps to Take When Making an Investment in Germany

by Dechert LLP on

The German government agreed last week to amend the German Foreign Trade and Payments Ordinance (AWV) to address potential concerns raised by foreign investments in certain sectors of the German economy. The amended AWV...more

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

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