News & Analysis as of

Mergers Competition National Security

Skadden, Arps, Slate, Meagher & Flom LLP

Regulatory Developments; Litigation and Enforcement

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context With antitrust regulators focused on competition in labor markets, companies should revisit their noncompete agreements,...more

Morrison & Foerster LLP

M&A in 2022 and Trends for 2023

Following a year of unprecedented M&A deal activity, 2022 saw the global M&A market settle back into a more familiar pace. The year finished 38.8% lower than 2021’s record level, but only 9.3% lower than 2015-2019 averages,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Demystifying China’s Merger Review Process

China’s merger clearance authority plays a critical role in global M&A, even for deals that have few obvious ties to China. Particularly in the technology area, China is often the last hurdle to clear. Moreover, unlike those...more

Skadden, Arps, Slate, Meagher & Flom LLP

Focus of China Cross-Border M&A Turns to Government-Favored Sectors and Away From West

China’s cross-border M&A market continued to face strong headwinds in 2022, with a slowing economy and new COVID-19 restrictions weighing on the market. There have been fewer outbound and inbound transactions, with total deal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Boards and M&A: Playing, and Winning, the Game of Regulatory Risk

Takeaways - With increasingly aggressive antitrust and foreign investment reviews, directors need to be fully informed about the risks of deals from the beginning of negotiations. Boards should insist that management and its...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q2 2022

McDermott Will & Emery on

APRIL – JUNE 2022: KEY THEMES AND TAKEAWAYS - UNITED STATES - • An Overview of Agency Merger Challenges from January 2021 through June 2022 Parties continue to be cautious in litigating challenged transactions. Since...more

White & Case LLP

Policy shifts may signal a new chapter in the story of globalization

White & Case LLP on

Globalization may be evolving, as nations and regions reassert their regulatory powers on a wide range of issues including trade, competition and national security. The economic lessons of COVID-19 and growing concerns about...more

Skadden, Arps, Slate, Meagher & Flom LLP

Will Europe’s M&A Boom Survive Stricter Regulation, Shareholder Resistance and COVID?

Takeaways - Although deal flow continues to be strong, stricter antitrust and national security reviews may pose obstacles for some mergers. Financial sponsors remain very active, and with more corporate divestitures...more

Morgan Lewis

UK CMA Publishes Updated Merger Guidance Following Commencement of NSI Act

Morgan Lewis on

The UK Competition and Markets Authority updated its guidance on the merger control regime in the United Kingdom on 4 January 2022—the same day the National Security and Investment Act 2021 came into effect. The updated...more

A&O Shearman

Antitrust in focus - July 2021

A&O Shearman on

This newsletter is a summary of the antitrust developments we think are most interesting to your business. Please note that this is our final edition before we take a break over the summer, returning in September. Tjarda van...more

Cooley LLP

Alert - The Countdown Is On: UK National Security and Investment Act to Come Fully Into Force on January 4, 2022

Cooley LLP on

On July 20, 2021, the UK government announced that the National Security and Investment Act 2021 (NSI Act) will come fully into force on January 4, 2022. From that date, certain investments or acquisitions of qualifying...more

Jones Day

Significant Changes to Australia's Foreign Investment Framework Commenced on 1 January 2021

Jones Day on

The Situation: The Australian government has introduced significant changes to its foreign investment review framework. The centrepiece of the changes is an enhanced review of acquisitions of property or businesses which are...more

White & Case LLP

Foreign direct investment reviews 2020: A global perspective - Australia

White & Case LLP on

Australia requires a wide variety of investments by foreign businesses to be reviewed and approved before completion - The decision to approve or deny a foreign investment application is ultimately made by the Treasurer...more

Sheppard Mullin Richter & Hampton LLP

New Lower UK Thresholds for Scrutiny of Mergers Affecting National Security

Following the publication and consultation on a green paper earlier this year the UK Government has now published new takeover rules, adding new thresholds to the relevant provisions of the UK Enterprise Act giving the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Europe Insights

Despite a year of continued global political uncertainty and increasing enforcement, shareholder activism and foreign investment control activity, the 2018 outlook for Europe is positive overall. Skadden partners in the U.K.,...more

Jones Day

Foreign Investment Control Heats Up: A Global Survey of Existing Regimes and Potential Significant Changes on the Horizon

Jones Day on

Mergers and acquisitions by multinational companies require attention to foreign investment controls around the world, and such controls vary widely. For example, requirements for determining whether such controls apply, the...more

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