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Mergers & Acquisitions Updates

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

Global merger control: Crossing the finish line: The EU approach to conglomerate effects

by White & Case LLP on

An increase in cases has been seen as a warning that the EU is ramping up its response to potential conglomerate effects. What can merging companies do to prepare for a challenge? In the aftermath of the attempted merger...more

SEC Updates Proxy Rule and Proxy Statement Interpretations

On May 11, 2018, the U.S. Securities and Exchange Commission’s (SEC) Division of Corporation Finance (the Division) consolidated and updated its interpretations of the proxy rules and Schedules 14A and 14C. The...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

Deutsche Bank—in keeping with its post-Cryan plans to shrink its US footprint—has been considering plans “in recent weeks to eliminate close to 10,000 jobs.” [It’s now looking like 7,000.] ...more

Global merger control: Crossing the finish line: The devil’s in the disclosure

by White & Case LLP on

Has the disclosure standard for companies been raised in the EU? In May 2017, the European Commission fined Facebook €110 million for providing incorrect information during the merger control process of its acquisition of...more

China Establishes State Administration for Market Regulation to Integrate Antitrust Enforcement

by Jones Day on

China recently established the State Administration for Market Regulation ("SAMR"), which combines the antitrust enforcement responsibilities of the previous Price Supervision and Antimonopoly Bureau of the National...more

FTC Warns That Money Doesn't Have to Change Hands to Trigger HSR Filing

by Bracewell LLP on

In a recent blog posting, the Federal Trade Commission (FTC) issued an important reminder that companies and individuals may have reportable transactions under the Hart-Scott Rodino (HSR) Act even if no payment exchanges...more

Tenth Circuit Affirms Dismissal Of Exchange Act Claims Based On Undisclosed Merger Discussions

by Shearman & Sterling LLP on

On May 11, 2018, the United States Court of Appeals for the Tenth Circuit affirmed the district court’s dismissal of a putative class action asserting claims under Sections 10(b) and 20(a) of the Exchange Act against Williams...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

The High Court has a daunting lineup of decisions yet to issue this year, but it’s checking one off the list with yesterday’s 5-4 holding upholding the right of companies to use arbitration clauses in employment contracts “to...more

ASIA: A Legal Guide for Business Investment and Expansion: China

1. What role will the government of China play in approving and regulating foreign direct investment? In the past, foreign investment in China was highly regulated. However, following China’s entry into WTO in 2001,...more

Global merger control: Innovation in merger control

by White & Case LLP on

The European Commission is increasingly concerned that market consolidation will harm innovation and has changed dramatically the way it examines the impact of mergers on innovation. Merging parties should be prepared for it....more

Locked Box Lands in the US

by Latham & Watkins LLP on

In the US, unlike in Europe, deals are traditionally transacted on the basis of closing accounts, with adjustments made post-closing for working capital, indebtedness, cash, and transaction expenses. This is now changing....more

Even Minority Interest in a Competitor Could Violate Antitrust Laws

by Faegre Baker Daniels on

Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

Apotex Proposed Merger of AUS & NZ Operations

by Goodwin on

Last week, Apotex Australia, an affiliate of the Canadian-based Apotex, Inc., announced a proposed merger of their Australian and New Zealand generic pharmaceutical and over-the-counter (OTC) operations with Arrow...more

Congress to Expand Scope of Foreign Investments and Transactions Needing CFIUS Review

On May 22, the Senate Banking Committee and House Financial Services Committee are each expected to consider and approve similar but not identical pieces of legislation to modernize the jurisdiction and operation of the...more

Global merger control: Crossing the finish line: Mergers and the digital economy

by White & Case LLP on

When it comes to mergers within the digital landscape, the greatest challenge for regulation is to strike the right balance as regards enforcement. How are EU authorities taking action and what does this mean for the...more

Not Just Mergers – FTC Highlights Commonly Missed HSR Reportable Transactions

by Mintz Levin on

The Premerger Notification Office (the “PNO”) of the Federal Trade Commission (the “FTC”) recently issued a reminder about often overlooked “transactions” that may require notification under the Hart-Scott-Rodino Antitrust...more

Present State of U.S.-Turkey Relations: A fireside chat with the American-Turkish Council and Pepper Hamilton

by Pepper Hamilton LLP on

Pepper Hamilton Turkey Practice attorney Alpaslan "Alp" Basaran recently had a fireside chat with American-Turkish Council (ATC) President Howard Beasey. The ATC is one of the leading business organizations dedicated to...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Uruguay

1. What role does the government of Uruguay play in approving and regulating foreign direct investment? Uruguay has historically been open to foreign investment in all sectors of its economy, going as far as to declare,...more

Delaware Court Enforces Strict Compliance With Notice Provisions

by White and Williams LLP on

The Delaware Chancery Court issued a recent opinion that provides a warning for parties to contracts: strictly follow the notice instructions set forth in the agreement or otherwise jeopardize contractual rights under the...more

Pulse: Transatlantic M&A set to continue growth amid Brexit and Trump administration uncertainty

by Hogan Lovells on

In recent times, the M&A landscape has been dominated by the “Special Relationship” between the United States and the United Kingdom. As two of the most consistently stable members of the global economy, they have made the...more

Your Daily Dose of Financial News

by Robins Kaplan LLP on

More trouble for Wells Fargo, as news emerged yesterday that some employees in the company’s business banking wholesale unit “altered information on documents related to corporate customers” without customers’...more

The “SMARTER” Act Moves a Step Closer to Harmonizing the Merger Review Process

by Epstein Becker & Green on

The Federal Trade Commission (“FTC” or “Commission”) and the Antitrust Division of the Department of Justice (“DOJ”) share responsibility for merger enforcement under section 7 of the Clayton Act. However, differences in the...more

New Limitations on Deductions for Interest Payments May Impact Many Family Businesses

The new Tax Cuts and Jobs Act limits the ability of many businesses to deduct interest payments. Under prior law, any interest expense was generally deductible. Now, many businesses are prohibited from deducting any interest...more

Greater National Security Scrutiny At The Heart Of New UK Merger Control Reforms

This week the UK Government enacted two new orders which change the UK merger control thresholds under the Enterprise Act 2002. The legislation extends the jurisdiction of the Competition & Markets Authority (“CMA”) and the...more

Law Firm Merger-A Way to Solve the Succession Dilemma

by Hayse LLC on

For many law firms, succession to the next generation presents a formidable and daunting challenge. Leadership may have been too busy to plan ahead for succession. Turnover at the firm may have dealt a blow to the goal of...more

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