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Jones Day Talks: Doing Deals Down Under: Australia's Foreign Direct Investment Regime
On 28 March 2025, the Australian Government (the Government) published its draft Determination providing the beginnings of detail about the acquisitions that are the subject of mandatory notification, some of the exceptions...more
Australia’s mandatory suspensory merger control regime will come into force on 1 January 2026 following the passing of legislation by both houses of Parliament, representing a major shift for businesses, their advisors and...more
Australia will soon shift to a mandatory and suspensory merger control regime, with the transition commencing mid-2025. We provide below our key takeaways and observations on the bill which now has the support of both major...more
In a much-anticipated move, the Polish Competition Authority's (PCA) revised guidelines on the criteria and procedure for notifying the intention of a concentration (Guidelines) have clarified the criteria for mandatory...more
On the merger control front, the New Competition Law introduced a new turnover threshold, in addition to the existing market share threshold, in the context of regulating economic concentrations (as defined below) between...more
The Australian Government (the Government) opened consultation on Australia’s proposed merger notification thresholds. The Consultation Paper proposes a notification regime that consists of four different thresholds—two based...more
On 10 April 2024, Australia’s Federal Government announced far-reaching reforms to its merger control regime, most notably the introduction of a new single, mandatory and suspensory, merger control system. The reform package...more
In a move that has long been advocated for by the Australian Competition and Consumer Commission (ACCC), the Australian government has announced sweeping reforms to Australia's competition law merger control regime....more
The EU is concerned about subsidies granted by non-EU countries to businesses active in the EU that could distort competition in EU markets. The Foreign Subsidies Regulation (FSR) establishes a new suspensory notification...more
Starting today, October 12, 2023, the mandatory notification requirements under the EU’s Foreign Subsidies Regulation (FSR) apply. M&A deals involving businesses that (i) have been granted certain levels of financial support...more
Morocco has enacted amendments to its competition law that will have significant impacts on its merger control regime. The amendments include increasing the minimum turnover thresholds for merger control filings, introducing...more
On 29 March 2023, Saudi Arabia's antitrust regulator increased the minimum turnover threshold for merger control filings from 100 million to 200 million Saudi Riyals, which should reduce the number of unnecessary...more
The tidal wave of antitrust activity throughout the Middle East & North Africa is expected to continue rising in 2023, as several jurisdictions across the region have started to amend their competition laws, introduce new...more
The UK Government this week prohibited the acquisition of intellectual property owned by University of Manchester by a Chinese company – marking the first time the UK Government has exercised its powers to block a transaction...more
The UK government announced on 20 July that the National Security and Investment Act will enter into force on 4 January 2022. This act introduces mandatory filings for certain investments raising national security concerns,...more
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
This Jones Day Global Merger Control Update highlights significant changes in merger control regimes in 2020. In this Update, we review: (i) changes in Australia, Belgium, Botswana, Bulgaria, Ecuador, France, Germany,...more
The UK has published a draft of its new National Security and Investment Bill, together with explanatory notes, heralding the introduction of a new regime for reviewing investments in the UK. The new regime would introduce,...more
On 11 November 2020, the UK Government announced its long-awaited and far-reaching proposed reforms to its existing powers to scrutinise foreign investment in the UK, especially in relation to sectors deemed to be...more
The UK government’s long-awaited National Security and Investment Bill (the Bill), which paves the way to significant changes in the UK’s regime for screening foreign investment, was laid before Parliament on 11 November...more
The creation, storage and importance of data snowballs daily. And this data has a direct impact on the merger control process and the timely completion of large-scale M&A transactions. As more data is created, it has a...more
For concentrations meeting the conditions set forth in Article L. 430-2 of the French Commercial Code, a notification to the French Competition Authority (Autorité de la concurrence) is mandatory. To facilitate merger control...more
The Development: Antitrust authorities in the United States and European Union have assessed penalties and fines against Canon, and in the United States, Toshiba, for structuring a transaction to avoid premerger notification...more
On 21 February 2019, the U.K. Competition and Markets Authority (CMA), at the U.K. government’s request, set out ‘wide-ranging and radical’ proposals to reshape U.K. competition enforcement and consumer protection regime....more
On Feb. 21, 2019, the Federal Energy Regulation Commission (FERC) issued a final rule revising its regulations governing public utility mergers or consolidations. The primary effect of this rule is to set a $10 million...more