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12 May 2020
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon. 1 In dismissing the ACCC’s appeal, the Full Federal Court confirmed the test to be applied when assessing whether a firm’s conduct will be likely to have the effect of substantially...
23 April 2020
COVID-19: Pressure points: CMA guidance on merger assessment during the COVID-19 pandemic (UK)
The Competition and Markets Authority (CMA) has published guidance on its approach to merger control during the COVID-19 pandemic. The guidance deals with procedural issues as well as substantive assessment, and makes it clear that on the whole the CMA’s approach remains one of ‘business as usual...
25 September 2019
Record £250,000 fine imposed by the CMA on Paypal for integration activities during merger review process
On 24 September 2019 the UK Competition and Markets Authority (CMA) imposed its largest ever fine for a single breach of an interim enforcement order (IEO) on Paypal, in the context of its acquisition of iZettle. IEOs are now routinely imposed in almost all completed mergers investigated by the CMA...
29 May 2019
ACCC case theory terminal
Update: On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated that its appeal will focus on the ability of courts to accept undertakings given the ACCC’s concerns about the ability of access undertakings to...
18 February 2019
ACCC succeeds in first merger ‘gun-jumping’ cartel prosecution
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its asset sale agreement with Cell Care Australia. The modest fine reflected the (relatively small) scale of the business concerned and their cooperation...
09 July 2018
Comments on UK proposal for the future relationship with the EU
Last Friday, 6 July, it was understood that the UK Cabinet had finally united around a UK position on the desired future relationship with the EU. However, it now remains to be seen if the proposal survives the protests of “betrayal” heard from some quarters and the resignations of the Secretary of...
09 July 2018
Key questions for General Counsels dealing with global investment decisions
Recent years have seen global shifts in both policy frameworks for screening inward foreign direct investment (FDI) and the way in which those frameworks are applied. The result is a more uncertain environment for foreign investment, which parties to a transaction will have to consider how to...
03 May 2018
Altice fined €124.5 million for gun-jumping conduct
The EU Commission has imposed a fine of €124.5 million on Altice, a multinational cable and telecoms company, for having implemented its acquisition of Portuguese telecoms operator PT Portugal prior to notifying the transaction and receiving clearance under the EU Merger Regulation (EUMR), so-...
17 November 2017
Herbert Smith Freehills acts for Tabcorp in second successful authorisation application to acquire Tatts
The Australian Competition Tribunal has today granted authorisation to Tabcorp Holdings Limited, represented by Herbert Smith Freehills, to acquire the shares in Tatts Group Limited as part of its AU$11 billion merger with Tatts.
18 October 2017
UK Government consults on proposals to expand national security review of foreign investments beyond current merger control regime
On 17 October 2017 the Department for Business, Energy & Industrial Strategy ( BEIS ) published its long-awaited Green Paper National Security and Infrastructure Investment Review for consultation. The Green Paper contains proposals to extend the UK merger control public interest intervention...
19 May 2017
European Commission gets tough on violations of the EU merger control rules – Facebook fined €110m for providing misleading information and Altice faced with gun-jumping charges
On 18 May 2017, the European Commission imposed a record fine of €110 million on Facebook for providing incorrect/misleading information to the Commission during its review of Facebook's acquisition of WhatsApp under the EU merger regulation ( EUMR ). On the same day, the Commission issued a...
19 December 2016
“Tell him he’s dreamin’!” - Court declines to approve shareholder-approved scheme of arrangement
In a recent decision, the Supreme Court of Queensland has declined to approve a novel scheme of arrangement, despite it being approved by the requisite statutory majority. In this article, we consider the issues explored by the decision.
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24 March 2023
Gone but not forgotten: Combatting Corporate Crime Bill lapsed but combatting bribery remains in focus
Whatever happened to the Combatting Corporate Crime Bill? A recent OECD Report shows the Australian Government has not given up on anti-bribery law reform and police and prosecutors are actively pursuing foreign bribery matters.
23 March 2023
Tech, consumers and the ACCC: a continued focus on compliance with the Australian Consumer Law
The ACCC’s new Chair, Ms Gina Cass-Gottlieb, has signalled that the year ahead for the tech sector will entail a continuation of focussed regulatory scrutiny, particularly through the consumer protection lens. We refect on five recent ACCC speeches and announcements which have reiterated the...
21 March 2023
Restructuring, Turnaround and Insolvency in Asia Pacific 2023
Our 2023 edition of the Guide to Restructuring, Turnaround and Insolvency in Asia Pacific is a resource for corporates, financiers, creditors, funds, directors and other stakeholders exposed to financially distressed companies in the region.
20 March 2023
Australian High Court smooths out wrinkle in trade mark law: Reputation not relevant to ‘deceptive similarity’ test of infringement
The High Court has clearly set out in Self Care v Allergan that the reputation of a trade mark is not relevant when assessing deceptive similarity in infringement proceedings. 1 In a unanimous decision, overruling a three-judge bench of the Full Federal Court, the High Court held that Self Care did...
20 March 2023
2023 Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement
The 2023 edition of the Herbert Smith Freehills Guide to Takeovers and Schemes of Arrangement has been launched. Our Guide is designed to provide a helpful summary of some of the key legal and regulatory issues that arise in connection with Australian takeovers and schemes.
16 March 2023
Australian Employment, Industrial Relations and Safety Webinars
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions,...
15 March 2023
Inside Arbitration: Spotlight interview: Elaine Wong
Elaine is a partner whose career epitomises what it means to work in international arbitration. Qualified in England and Singapore, she has spent time in Paris and Tokyo, and worked for the last three years in Singapore. In January, she re-joined our team in Japan, where she continues to act as...
15 March 2023
On Just Terms Podcast Series
Australia is a litigious country - we meet with Australia's leading legal and commercial minds to discuss how to manage the corporate risk landscape. Join host Jason Betts, Disputes Partner at Herbert Smith Freehills, as he interviews the people on the front lines of this changing environment.