Trends & Statistics

GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for Third Quarter 2014

Executive Summary/Highlights: Global M&A volume in Q3 was US$888 billion, marking the second strongest quarter since 2008, exceeded only by Q2 2014. If deal volume continues at this level, global M&A activity for 2014 would exceed US$3.5 trillion, the highest annual volume since 2007. Deal volume for the first three quarters of 2014 has surged … Continued

Editors’ Note: The XBMA Review is published on a quarterly basis in order to facilitate a deeper understanding of trends and developments. In order to facilitate meaningful comparisons, the Review has utilized consistent metrics and sources of data since inception. We welcome feedback and suggestions for improving the XBMA Review or for interpreting the data.

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AUSTRALIAN UPDATE – Economic Activism: Rethinking Directors’ Duties and Governance Structures in the Activist Context

Executive Summary:  The presentation and article below focus on shareholder activism, particularly as conducted by situational hedge funds, and the appropriate standard for director response.  While the authors argue that the Australian legal environment is slanted in favour of activists, they also demonstrate various counterbalances that exist as a result of specific Australian authorities. Main … Continued

Editor’s Note:  David Friedlander, Partner in the Sydney office of King & Wood Mallesons recently presented on the topic of shareholder activism at a conference session at the Supreme Court of New South Wales Annual Law Conference held on 29 July 2014.  Mr. Friedlander is a member of the Australian Takeovers Panel and is consistently ranked as one of Australia's top M&A and equity capital markets lawyers.  The article and slides below presented at the conference session were authored by Mr. Friedlander with his associates Medard Fischer and Michael Ting of King & Wood Mallesons.†

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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for Second Quarter 2014

Executive Summary/Highlights: Global M&A surged in Q2, surpassing US$1 trillion for the first time since the financial crisis, and exceeding the next most active quarter in recent years (Q4 2012) by more than 25%.  Global M&A activity in 2014 is on pace to exceed US$3.5 trillion, approaching the $4 trillion mark reached prior to the … Continued

Editors’ Note: The XBMA Review is published on a quarterly basis in order to facilitate a deeper understanding of trends and developments. In order to facilitate meaningful comparisons, the Review has utilized consistent metrics and sources of data since inception. We welcome feedback and suggestions for improving the XBMA Review or for interpreting the data.

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U.S. UPDATE – A New Takeover Threat: Symbiotic Activism

Highlights:  Valeant Pharmaceuticals and Pershing Square employed a troubling new tactic in their hostile bid for Allergan. The partnership between an activist hedge fund and a strategic acquirer enables a hostile bidder to establish a large beachhead stake more secretly, quickly and cheaply than before. This lowers the hostile bidder’s cost and enables to hedge … Continued

Editor’s Note:  This article was co-authored by Martin Lipton, Adam O. Emmerich, Trevor S. Norwitz and Sabastian V. Niles of Wachtell, Lipton, Rosen & Katz.

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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for First Quarter 2014

Executive Summary/Highlights: Global M&A volume in Q1 was US$756 billion, marking the second strongest quarter in the last three years and nearly double the volume of Q1 2013.  Europe experienced a particularly strong resurgence in deal-making activity in Q1.  If this trend persists, global M&A activity in 2014 could reach US$3 trillion, which would be … Continued

Editors’ Note: The XBMA Review is published on a quarterly basis in order to facilitate a deeper understanding of trends and developments.  In order to facilitate meaningful comparisons, the Review has utilized consistent metrics and sources of data since inception.  We welcome feedback and suggestions for improving the XBMA Review or for interpreting the data.

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JAPANESE UPDATE – Overview of Recent Trends in M&A Activity and Relevant Legal Developments

Highlights: During 2013, M&A deals in which at least one party was a Japanese company grew by approximately 10.8% from the previous year, the second consecutive year of growth in M&A deal volume. Several large-scale and cross-border deals were completed, including (i) the combination of Applied Materials, Inc. and Tokyo Electron Limited to create a … Continued

Editors’ Note: Masakazu Iwakura is a Senior Partner at Nishimura & Asahi and a member of XBMA's Legal Roundtable. As one of Japan's leading M&A practitioners, Mr. Iwakura has handled a variety of groundbreaking M&A transactions and serves on the boards of several public companies: COOKPAD , Imperial Hotel and GMO Internet. Mr. Iwakura is also a Professor of law at Hitotsubashi University Graduate School of International Corporate Strategy and is a Visiting Professor of Law at Harvard Law School in the 2013-2014 academic year. This update was produced by Mr. Iwakura and his associate Tsukasa Tahara.

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GLOBAL M&A STATISTICAL UPDATE – XBMA Annual Review for 2013

Executive Summary/Highlights: While total global M&A volume has been relatively consistent over the last four years, hovering around US$ 2.5 trillion per annum, the deal activity making up the $2.5 trillion has varied considerably over this period, reflecting a few trends: Private equity-backed M&A has been gaining steam steadily, growing from 6.3% of global M&A … Continued

Editors’ Note:  XBMA’s Review is published on a quarterly basis using consistent metrics and sources of data in order to facilitate a deeper understanding of trends and developments. We welcome feedback and suggestions for improving the Review or for interpreting the data.

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Global Update – Capital Insights: Oil and Gas

Highlights: Increased demand, high oil prices and steady production have increased sector confidence, but challenges lie ahead. Managing return on capital invested is a major issue for the industry, despite high prices and rising demand. Corporates need to keep focused on upstream core assets to increase returns. Partnerships, investment in new technology and a focus … Continued

Editors’ Note: Franny Yao (Yao Fang), who contributed this article, is a Partner & Leader at Ernst & Young in Beijing, responsible for Key Accounts and Government Relations in China. She is a founding director of XBMA and has broad expertise in cross-border M&A, representing major Chinese companies in their global expansion and other strategic drives. This article comes to us from Ernst & Young’s Capital Insights.

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CANADIAN UPDATE – Governance Insights 2013

Executive Summary: This third annual edition of Governance Insights presents Davies’ analysis of the corporate governance practices of Canadian public companies over the course of 2013 and the trends and issues that influenced and shaped them. We expect 2014 to be an active year for governance themes with greater calls for diversity on boards, a … Continued

Editors’ Note: This update was submitted by I. Berl Nadler, a partner at Davies Ward Phillips & Vineberg LLP and a leading Canadian corporate lawyer who has been involved in numerous high-profile financing transactions and acquisitions worldwide on behalf of multinational corporate clients.

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