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Stikeman Elliott LLP

Increased Investment Canada Act Review Thresholds Announced for 2024

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The Canadian government has increased the monetary thresholds to determine whether a net benefit review of a foreign investment in Canada is required under the Investment Canada Act for 2024. All acquisitions of control of...more

Stikeman Elliott LLP

Ongoing Public Interest Review of Bunge/Viterra: Key Takeaways for Canadian Businesses

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Given the Canadian government’s increasing scrutiny over M&A activity in the food, transportation and critical infrastructure sectors, Canadian businesses operating in these sectors should plan accordingly and remain prepared...more

Stikeman Elliott LLP

Merger Control 2024 Canada

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1 Relevant Authorities and Legislation - 1.1 Who is/are the relevant merger authority(ies)? If relevant, please include details of: (i) independence from government; (ii) who the senior decision-makers are (e.g. Chair,...more

Axinn, Veltrop & Harkrider LLP

The Not-So-Silk Road: The Proliferating Regulatory Obstacles to Chinese Investment in the U.S.

All companies engaged in M&A activity in the United States must plan for enhanced scrutiny from an increasingly aggressive DOJ and FTC, but non-U.S. companies, particularly Chinese companies, must also reckon with another...more

Proskauer Rose LLP

UK National Security and Investment Act 2021 (NSIA) – Annual Report 2022

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The UK Government recently published its Annual Report on the application of the National Security and Investment Act 2021 (NSIA). This first annual report covers the period from the commencing of the NSIA (4 January 2022) to...more

Jones Day

2021 Transactional Year in Review and 2022 Forecast: FDI Regimes Continue to Expand and Increase Scrutiny of Transactions...

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China  China has increased its efforts to scrutinize global transactions that may implicate national security concerns using its foreign investment security review ("FISR") process....more

Jones Day

2021 Transactional Year in Review and 2022 Forecast: New Data Privacy Law in China

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China passed its new Data Security Law ("DSL") in June 2021 and its new Personal Information Protection Law ("PIPL") in August 2021. Both new laws impact every business operating in or doing business with China, coupling...more

Jones Day

2021 Transactional Year in Review and 2022 Forecast

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TRANSACTIONAL PERSPECTIVES ON 2022 - What are the trends, risks, and opportunities in 2022? As dealmakers recover from a record-breaking 2021, we expect another busy year in 2022. While risks in the financing market,...more

Stikeman Elliott LLP

Private Equity - Recent Developments Of Importance

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The first nine months of 2021 set records for global M&A activity and kept private equity firms especially busy. An abundance of dry powder and low interest rates have encouraged private equity investors to make up for lost...more

Stikeman Elliott LLP

Merger Control 2022

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1. Relevant Authorities and Legislation - 1.1. Who is/are the relevant merger authority(ies)? The Competition Bureau (the “Bureau”) is an independent, federal law enforcement agency responsible for the administration...more

Davies Ward Phillips & Vineberg LLP

Canadian Mergers & Acquisitions: A Guide for Foreign Investment Banks and Bidders, 9th Edition

Types of M&A Transactions – – Takeover bids (like a U.S. tender offer) – Plans of arrangement – Amalgamations (like a U.S. merger) – Asset sales – Share sales (e.g., private purchase of control block) –...more

Cadwalader, Wickersham & Taft LLP

The UK’s National Security & Investment Act

The newly enacted National Security and Investment Act 2021 (the “Act”) introduces a broad regime enabling the Government to intervene in M&A transactions on the grounds of national security. ...more

Hogan Lovells

UK National Security and Investment - now is the time to Act

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The UK’s much publicised National Security and Investment Bill has now been granted Royal Assent – passing into law an Act which will significantly affect the way investments in the UK can be reviewed by the Government where...more

Hogan Lovells

New Rules: German government passes far-reaching expansion of foreign investment control

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Regulators are becoming increasingly active in imposing measures on deals or prohibiting them altogether under FDI rules – with prohibitions happening in the EU’s largest economies Germany, France, and Italy in the past...more

Hogan Lovells

UK: The National Security and Investment Act receives royal assent

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Watch out for the National Security and Investment Act which has now received royal assent although it is still not expected to come fully into force until this Autumn due to the amount of secondary legislation that needs to...more

Hogan Lovells

MORE, MORE, MORE! German government plans another far-reaching expansion of foreign investment control

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Foreign investment control has become a key factor in M&A deals and 2020 was a particularly eventful year. A large number of countries have recently introduced foreign investment control regimes (or tightened their existing...more

Hogan Lovells

The rise of FDI regimes and their impact on M&A transactions

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Foreign direct investment ("FDI") is an important part of the global economy: OECD data indicates that there was USD$1,426 billion of global FDI in 2019. In recent years, governments around the world have shown an increasing...more

Orrick, Herrington & Sutcliffe LLP

The National Security & Investment Bill 2020: A step change in the UK's screening of foreign investment

Wednesday the UK government introduced the National Security and Investment Bill (the "Bill") to Parliament. The Bill strengthens the government’s power to scrutinise, impose conditions and block foreign investments into...more

A&O Shearman

National Security and Investment Bill: a new frontier for scrutiny of investment in the UK

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On 11 November 2020 the UK Government published its groundbreaking National Security and Investment Bill (Bill). The Bill will drastically expand the Government’s powers to scrutinise investment on national security grounds,...more

Hogan Lovells

UK merger control: Public health emergencies and foreign takeover scrutiny

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New measures, announced on 21 June 2020, will allow the UK Government to intervene in relation to transactions involving businesses with "critical capabilities" to help combat public health emergencies, such as coronavirus. ...more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Amends Enterprise Act 2002 To Protect Businesses Critical to Addressing Public Health Emergencies, Extends Powers To Protect...

In recent months, European states have raced to implement protections against opportunistic acquisitions of key local businesses by foreign buyers amid the economic disruption caused by the spread of COVID-19. ...more

Hogan Lovells

Next steps towards tighter German Foreign Investment Control rules passed

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For M&A transactions in Germany and beyond, Foreign Investment Control screenings have become an indispensable standard element to assess when structuring deals and planning for regulatory review. Similarly to merger control,...more

Hogan Lovells

Merger & Acquisition in Africa and South Africa

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Africa is still the next big market for multinationals, even in the face of global economic uncertainty and political and regulatory issues. Economic growth continues due to the growing investment in private equity and the...more

Orrick, Herrington & Sutcliffe LLP

Grindr and PatientsLikeMe Outcomes Show Non-Cleared Transactions' Exposure to CFIUS Scrutiny, Especially When PII Is Involved

In the last three weeks, the Committee for Foreign Investment in the United States (CFIUS) has reportedly informed two Chinese companies that they must sell their stakes in two U.S. companies....more

Orrick, Herrington & Sutcliffe LLP

Looking Ahead in 2019: Chinese Investments in Europe – 10 Tips for a Successful and Smooth Investment

In today’s evolving global investment climate, it is no secret that Chinese companies are increasingly seeking investment opportunities in Europe. At the same time, however, the European regulatory landscape is rapidly...more

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