Published on: October 16 2014 Contributed by: Adam Li, Jun He Law Offices
Executive Summary: A series of new regulations have gradually deregulate the approval process for Chinese overseas investment since the beginning of 2014. On September 6, 2014, China’s Ministry of Commerce released revised regulations that narrow the scope of types of foreign investment that need to be verified and approved, establish the management mode of “adopting … Continued
Published on: October 13 2014 Contributed by: Raaj Narayan & Francis Stapleton, Co-Editors, XBMA Review
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
Published on: September 25 2014 Contributed by: Nigel Boardman, Slaughter and May (London)
Executive Summary: The European Commission has fined Marine Harvest, a Norwegian seafood company and salmon processor, €20 million for acquiring Morpol without prior clearance and not long before, the Court of Justice rejected an appeal against a General Court judgment which upheld a fine imposed, also €20 million, on Electrabel for its acquisition of Compagnie … Continued
Published on: September 11 2014 Contributed by: Manuel Galicia Romero and Juan Pablo Cervantes, Galicia Abogados, S.C. (Mexico City)
Highlights: Considering the Constitutional amendments enacted late last year, resulting in the opening of the energy industry to private investment, especially oil and gas, among other laws, the Federal Executive published the Hydrocarbons Act (“HA”) earlier last month. The HA reaffirms the newly revised principle enshrined in the Mexican Constitution that all hydrocarbons underground belong … Continued
Published on: August 27 2014 Contributed by: Tomasz Wardyński, Wardyński & Partners (Warsaw)
Executive Summary: Poland’s developing economy and entrepreneurial society with investor-friendly government policies create many interesting M&A opportunities. There is a wide variety of companies which are directly or indirectly controlled by the state, or part of global corporations as well as small and medium firms owned by local or European entrepreneurs. Except for privatisations, which … Continued
Published on: August 13 2014 Contributed by: David Friedlander, King & Wood Mallesons (Sydney)
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
Published on: August 6 2014 Contributed by: Raaj Narayan & Francis Stapleton, Co-Editors, XBMA Review
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
Published on: July 30 2014 Contributed by: Ilene Knable Gotts, Wachtell, Lipton, Rosen & Katz (New York)
Main Article: The Anti-Monopoly Bureau of the Ministry of Commerce in China (“MOFCOM”) issued a decision last month prohibiting the formation of the P3 Network, a long-term container shipping alliance among A.P. Møller-Maersk, Mediterranean Shipping Company and CMA CGM, which are Danish, Swiss and French companies, respectively. In the six years since the adoption of … Continued
Published on: July 16 2014 Contributed by: Nigel Boardman, Slaughter and May (London)
Executive Summary: Pfizer’s potential bid for AstraZeneca Plc provoked strong debate in the UK on the appropriate political oversight of corporate transactions, including concerns that the deal would result in research jobs and R&D investment being lost. This briefing outlines the main legal routes by which the assurances from Pfizer in respect of the UK … Continued
Highlights: On 19 May 2014, the PRC State Administration of Foreign Exchange (“SAFE”) introduced a more streamlined administrative regime for the giving of cross-border security. The validity of any cross-border security agreement is no longer subject to the prior approval, registration, and filing with SAFE, as well as other SAFE administrative requirements. For certain types … Continued
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