News & Analysis as of

Target Company European Union

BCLP

Impact of Pillar Two on Tax Risk Apportionment for a Corporate Sale

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How do you draft a tax covenant for a corporate sale when the Seller Group is within the scope of a Pillar Two charge? This is an issue that will become increasingly relevant as we approach the Pillar Two start date at the...more

Goodwin

Acquiring or Investing in EU Crypto-Asset Businesses: MiCA’s Impact

Goodwin on

As noted in our previous alerts “Marketing Crypto-Assets in and Into Europe: MiCA, the EU’s New Uniform Crypto Code” and “Doing Crypto Business in Europe: MiCA, the EU’s New Uniform Crypto Code – Part 2”, the European Union...more

Latham & Watkins LLP

European Court of Justice Rules on Foreign Direct Investment Screening

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The Court’s first decision on FDI screening limits the scope of the EU FDI Screening Regulation and underlines that national regulators must meet a high legal standard to block foreign investments. On July 13, 2023, the...more

Latham & Watkins LLP

PE Firms Eye AI

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Artificial Intelligence has the potential to be the next transformational technology, and as adoption of AI-powered tools continues to increase, deal activity in the AI space will follow. Regulators and law makers are...more

Latham & Watkins LLP

Action Needed as PE Faces Evolving Web of Digital Economy Regulation

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Navigating evolving digital economy regulation requires a sophisticated and proactive approach from dealmakers. Amid the ongoing global proliferation of regulation governing the digital economy, EU and UK legislators are...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

Significant restrictions for share exchange offers under German takeover law

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Under German takeover law the bidder in a voluntary public takeover is given two options with regard to what the bidder offers the shareholders of the target company as compensation for their shares. ...more

Hogan Lovells

Kartellrechts-Radar Winter 2020/2021

Hogan Lovells on

Überblick über die wesentlichen Neuerungen durch die 10. GWB-Novelle Am 19. Januar 2021 sind die Änderungen der 10. GWB-Novelle in Kraft getreten. Die als „GWBDigitalisierungsgesetz“ bezeichnete Novelle bringt im Wesentlichen...more

Latham & Watkins LLP

4 Key Reasons Why European P2P Deals Fail – and How Private Equity Deal Teams Can Avoid Them

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Adherence to secrecy, pre-announcement preparations, realistic expectations-setting, and strategic plans for taking control are keys to P2P deal success. The deal market has seen a resurgence in public to private (P2P)...more

Latham & Watkins LLP

Opportunities and Challenges for Private Equity Investment in the Insurance Sector

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Recent private equity investments in high-profile deals, such as Bain Capital’s acquisition of esure and Apollo’s acquisition of Aspen Insurance, have brought European insurance sector deal values to record highs. Regulatory...more

A&O Shearman

New Transaction Value-Based Merger Reporting Threshold in Germany: Much Ado About Little?

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Germany this summer introduced a new transaction value-based set of reporting thresholds. Austria introduced a similar provision which will enter into force on November 1. On the European level, the Commission is...more

BCLP

EU & Competition Law Update – September 2017

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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 Parliament. ...more

Dorsey & Whitney LLP

Amended German Investment Controls: Increased Scrutiny and Delays for German Target M&A Deals with Non-EU Buyers

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

Latham & Watkins LLP

Will New Spanish Dividend Rules Cause Pain for Private Equity in Spain?

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Recently effected reforms to Spanish dividend protections for minority shareholders should cause European dealmakers to review deal terms more closely in 2017. Outright acquisition of businesses is unusual in Spain, 83% of...more

Morrison & Foerster LLP

Employment Law Commentary, October 2015

EU Employment Issues In M&A Transactions - Across industry sectors, there is one thing that all organizations have in common—people. Every organization needs a workforce to steer it in the right direction. This means...more

Latham & Watkins LLP

Portfolio Companies’ Antitrust Risks Reflect on PE Houses

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Antitrust authorities around the world are increasingly collaborating with each other in an effort to unearth anticompetitive behavior such as cartels, and are devoting greater resources to doing so. As a result, PE houses...more

Latham & Watkins LLP

The European Court of Justice Caps Liability for Acquired Companies’ Cartel Infringements

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The ruling caps fines on companies with historic cartel exposure that are acquired by large companies and increases predictability of future antitrust exposure stemming from pre-acquisition conduct. On 4 September...more

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