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12 December 2017
Political intervention in M&A - Is the tide turning?
Political intervention in cross-border acquisitions is on the increase globally, against a back-drop of protectionist rhetoric in some countries: the blocking by President Trump of the bid by China-backed Canyon Bridge for Lattice Semiconductor being the latest high-profile example. Jurisdictions...
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...
02 October 2017
M&A in a changing world
In October 2017, Herbert Smith Freehills sponsored a report by The Economist Intelligence Unit ( The EIU ) entitled Mergers and acquisitions in a changing world - Opportunities amidst disruption . The EIU Report assessed the state of play on global M&A in this current period of unprecedented...
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26 May 2023
The purchaser who hesitates is lost: court rules on claims regimes under a sale agreement and the Australian Consumer Law
The Federal Court has recently released a decision in Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd regarding claims made by a buyer for breach of contractual warranties and statutory misleading or deceptive conduct in the context of a sale of a business.
26 May 2023
Taking stock: pre-deal exclusivity trends since the Takeovers Panel’s consultation on deal protection arrangements at the non-binding bid stage
The Takeovers Panel has begun consultation to revise its guidance on deal protection granted at the non-binding bid stage, and companies have already started following pre-deal exclusivity and deal protection arrangements since the Panel's consultation paper was released.
26 May 2023
It’s who you know: a reminder on the importance of ‘association’
We review the concept of ‘association’ and practical considerations in light of the Panel’s recent declaration of unacceptable circumstances regarding various undisclosed associations in relation to the affairs of The Market Herald Limited (ASX: TMH).
26 May 2023
Australian Modern Slavery Act to move into a new phase?
On 24 May 2023, the Australian Government tabled a report outlining recommendations for reform of the Modern Slavery Act 2018 (Cth) ( Act ). The report is the output of a statutory review of the Act by Professor John McMillan AO, which sought public consultation on the effectiveness of the first...
19 May 2023
Australia – Fair Work Commission releases ‘Statement of principles on genuine agreement’ for enterprise bargaining
Employers must have a close eye on 20 new principles to ensure agreements are ‘genuinely agreed’ to by employees, in enterprise bargaining negotiations that commence on and after 6 June 2023
19 May 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,...
19 May 2023
Australian Employment, Industrial Relations and Safety Podcasts
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key...