Forum

CHINESE UPDATE – New National Security Review Rules: A Justifiable Cause of Anxiety?

Executive Summary/Highlights: On 25 August 2011, the Ministry of Commerce (MOFCOM) released the MOFCOM Rules for Implementation of Relevant Issues regarding National Security Review Mechanism for Mergers and Acquisitions of Domestic Enterprises by Foreign Investors (NSR Rules). One of the key provisions states that foreign investors shall not evade the NSR regime via alternative transaction … Continued

Editors' Note: This paper was written by Susan Ning, Huang Jing and Yin Ranran, and contributed by Susan Ning and Zhao Bing, partners at King & Wood. Ms. Ning heads King & Wood's International Trade and Antitrust and Competition Group and is widely recognized as one of the leading experts in the field, with many years of experience working with MOFCOM to secure merger clearance. Susan Ning and Zhao Bing are members of XBMA's Legal Roundtable.

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UK UPDATE – Changes Adopted to UK Takeover Regime to Strengthen Position of UK Targets, Prompted by Kraft’s Successful Hostile Takeover of Cadbury

Executive summary: A revised edition of the UK Takeover Code took effect on 19 September 2011. The revisions were prompted by Kraft’s hostile takeover of Cadbury in 2010, which triggered debate about the weak position of UK target companies. The revised Code introduces rules to strengthen the target’s position, namely an enforced “put up or … Continued

Editors’ Note: Nigel Boardman is a partner at Slaughter and May and a founding director of XBMA.  As one of the leading M&A lawyers in the UK, Mr. Boardman’s perspective on the UK’s response to the Cadbury takeover is informed by broad experience in a range of significant solicited and unsolicited cross-border transactions over many years.  Mr. Boardman’s paper is the first in a series of posts that will focus on various jurisdictions’ reactions to foreign takeovers of important domestic companies.

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Welcome to the XBMA Forum!

The XBMA Forum is sponsored by the International Institute for the Study of Cross-Border Investment and M&A (XBMA), a joint venture between the Guanghua School of Management at Peking University, the Stern School of Business at New York University, and Judge Business School at the University of Cambridge.   The XBMA Institute seeks to promote … Continued

Editor's Note: This site is under construction and will launch in the fall of 2011. To receive new posts by email, please subscribe to our newsletter. If you would like to post an item, please email it to editor@xbma.org for consideration.

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XBMA – Quarterly Review for Q1 2011

The attached slides summarize trends in cross-border M&A and strategic investment activity throughout the first quarter of 2011.   Highlights: Global M&A volume for Q1 2011 was US$671.8 billion, up 29.5% as compared to Q1 2010. Cross-border transactions have rebounded substantially from 2009: 38% of Q1 2011 global M&A was cross-border — up slightly from … Continued

Editor's Note: This is an example of the type of post and content the XBMA Forum seeks to showcase.

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