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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for Third Quarter 2024

Executive Summary/Highlights Although global deal-making increased in Q3 2024 compared to Q2 2024, M&A volume for 2024 is on pace to be in line with 2023, the lowest year for M&A since 2009. Nevertheless, several mega deals were announced in Q3 2024, including Mars’ US$35 billion acquisition of Kellanova, Skydance Productions’ US$21 billion merger with … 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 XBMA Review has utilized generally 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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CHINESE UPDATE: Key Highlights of the New Strategic Investment Rules for Foreign Investors

*Originally distributed on November 2, 2024.  On November 1, 2024, the Ministry of Commerce, the China Securities Regulatory Commission, the State-owned Assets Supervision and Administration Commission of the State Council, the State Taxation Administration, the State Administration for Market Regulation, and the State Administration of Foreign Exchange jointly issued the Measures for the Administration of … Continued

This article was authored by Fang Zhou (Partner), Tianxiao Lei (Partner) and Hanyun Lv (Associate) at JunHe. Mr. Zhou regularly advises multinational companies on foreign direct investment, general corporate and compliance matters. Ms. Lei's practice includes rich experience in offshore bond offerings, panda bond offerings, offshore IPO, M&A and private equity investment transactions. Hanyun Lv also provided valuable contributions to the article.

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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for Second Quarter 2024

Executive Summary/Highlights Driven by a strong Q1, M&A deal volume in H1 2024 was 15% higher than deal volume in H1 2023. Global M&A volume was US$716 billion in Q2 2024, a 13% decrease from the robust first quarter of 2024 (US$820 billion) and in line with the second quarter of 2023 (US$737 billion). Several … 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 XBMA Review has utilized generally 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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CANADIAN UPDATE – Bill S-285: A Canadian Contribution to the Stakeholder Governance Debate

If adopted, Bill S-285, and in particular its proposed amendments to section 122 of the CBCA, would transform the CBCA’s approach to a corporation’s stakeholders from an incidental consideration to a central one, whereby the benefits provided to various stakeholders would no longer derive from pursuing the best interests of the corporation, but would instead form part of the corporation’s purpose, enshrined in law, and would be protected through redefined directors’ and officers’ duties.

This article was authored by Franziska Ruf (Partner), Sébastien Roy (Partner) and Maïté Murray (Senior Knowledge Management Lawyer) of Davies Ward Phillips & Vineberg LLP (Montréal).

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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for First Quarter 2024

Executive Summary/Highlights For the first time since 2021, global dealmaking is up year on year for the third consecutive quarter, with significant increases in volume attributable to U.S. M&A and mega deals. Global M&A volume was US$797 billion in Q1 2024, a 36% increase from Q1 2023 but an 11% decrease from Q4 2023. Global … 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 XBMA Review has utilized generally 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 – A Pioneering Unsolicited Takeover in Japan: Nidec’s 2023 Acquisition of Takisawa

*Originally distributed on February 26, 2024.  In July 2023, Nidec Corporation, the largest motor manufacturing company in the world and listed on the Tokyo Stock Exchange (“TSE”) Prime Market, proposed to acquire and take private Takisawa Machine Tool Co., Ltd., which specializes in manufacturing machine tools and is listed on the TSE Standard Market. Remarkably, … Continued

This article was authored by Masakazu Iwakura (Senior Partner), Hidenori Nakagawa (Partner) and Masanori Bito (Partner) of TMI Associates. They appreciate the valuable assistance of Vincent Tritto, a Foreign Attorney at TMI.

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JAPANESE UPDATE – Japan’s Largest M&A Transaction in 2023: The Acquisition of Toshiba Corporation

*Originally distributed on February 20, 2024.  In 2023, there was a 6.7% decline in the number of mergers and acquisitions involving Japanese companies as compared to 2022. This decrease can be attributed to a combination of macroeconomic factors, interest rate trends, regulatory changes, and geopolitical influences. Despite this overall trend, one standout deal was the … Continued

This article was authored by Masakazu Iwakura (Senior Partner), Hidenori Nakagawa (Partner) and Masanori Bito (Partner) of TMI Associates. They appreciate the valuable assistance of Vincent Tritto, a Foreign Attorney at TMI.

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GLOBAL STATISTICAL UPDATE – XBMA Annual Review for 2023

Executive Summary/Highlights Global M&A volume in 2023 declined relative to 2022 and 2021, when it set a record. M&A activity in the second half of 2023, however, exceeded that of the second half of 2022. Global M&A volume in 2023 was US$2.9 trillion, down from US$3.6 trillion in 2022 and below the annual average of … Continued

CHINESE UPDATE: Key Considerations for Multinational Corporations in China under the New PRC Company Law

*Originally distributed on January 13, 2024.  On December 29, 2023, the National People’s Congress passed the new amendment to the Company Law of the People’s Republic of China (the “New Company Law”), which will take effect on July 1, 2024. This marks the second comprehensive revisions of the PRC Company Law since its initial promulgation … Continued

This article was authored by Daniel He (partner) at JunHe. Mr. He's current practice focuses on merger and acquisition projects, joint venture transactions, and strategic investment projects in various industries such as food & nutrition, automotive, chemistry, logistics, real property, medical device, and retail & distribution. In addition to his work in M&A, Mr. He also serves as China counsel to a number of leading companies and non-government organizations in their general corporate and regulatory compliance matters throughout China.

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GLOBAL STATISTICAL UPDATE – XBMA Quarterly Review for Third Quarter 2023

Executive Summary/Highlights Despite signs of recovery in Q2 2023, global dealmaking slowed in Q3 2023, and annualized year-to-date M&A volume is now on pace to be the lowest total since 2003. Global M&A volume was US$655 billion in Q3 2023, a 16% decrease from Q2 2023 and an 11% decrease from Q3 2022.  If 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 XBMA Review has utilized generally 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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