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Recent Articles

03 April 2023

UK Public M&A Monthly Activity Update: March 2023

In March 2023, there were four Rule 2.7 announcements made across the UK public M&A market and a further four possible offers announced.
31 March 2023

Asia-Pacific Antitrust Review 2023: APAC competition authorities tactics and developments in Australian competition law

Recently we have written two chapters in the latest Asia-Pacific Antitrust Review 2023 where we provided a snapshot of broad trends in competition law enforcement across the Asia-Pacific region, and summary of recent developments in Australian competition law and ACCC areas of focus for 2023.
30 March 2023

Establishment of National Reconstruction Fund in Australia

This week, the Australian federal government passed a bill to establish a $15 billion National Reconstruction Fund (NRF) to invest in priority areas of the Australian economy. What is the NRF, what are the government's priority areas, and what trends are we seeing around the world?
30 March 2023

Shareholder Activism Podcast

Shareholder activism continues to grow in the UK, Europe and globally, and any company could become the focus of an activist – or active shareholder.
30 March 2023

INside Asia M&A Podcast

What are the key Asia M&A trends that private investors, corporates and intermediaries should zero in on?
29 March 2023

Demystifying Australia's recent Security of Critical Infrastructure Act reforms

Recent amendments to the Security of Critical Infrastructure Act 2018 (“the Act”) constitute some of the most significant cybersecurity reforms in Australia’s history.
29 March 2023

Inside Tech: Done Deal Podcast

Tech is booming and the deal landscape is rapidly evolving. What are the key tech M&A trends that investors, corporates and advisers should zero in on?
27 March 2023

Corporate Governance snapshot: The EU Corporate Sustainability Reporting Directive & its impact in the UK

Even though the UK is not part of the EU, the EU Corporate Sustainability Reporting Directive (CSRD) ( 2022/2464 ) will impact on some UK incorporated companies. The CSRD, which entered into force in January 2023, sets out additional disclosures for companies to include in their annual report in...
27 March 2023

Merger arbitrage – the important role it can play in public M&A deals

We explore the important role merger arbitrage can play in the success or failure of a deal. Targets and bidders should be aware of this role and consider the approaches that may be taken in response to arbitrage funds seeking short-term profits from an announced deal.
27 March 2023

Improving the transparency of foreign investment regulation in Australia – A look at the key performance data for the October 2022 quarter

The Australian Government’s Department of Treasury has released its second quarterly report for the period 1 October 2022 to 31 December 2022. The report contains some interesting trends regarding the source of foreign capital flows, Treasury’s downward trending processing timelines for FIRB...
24 March 2023

Japan-Australia Investment Report 2022: Decarbonisation and Energy Security

Herbert Smith Freehills is pleased to present the sixth annual report on Japan-Australia M&A and partnerships, and the prevailing trends driving cross-border investment.
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.
24 March 2023

Major scheme of arrangement reforms in Australia

Recently appointed Federal Court Judge, Justice Jackman, is implementing significant reforms to the Australian scheme of arrangement process.
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 reflect on five recent ACCC speeches and announcements which have reiterated the...
23 March 2023

The IP in AI: Can IP rights protect AI systems?

With the expanding popularity of ML and AI systems, developers and investors expect those systems to be protected from unauthorised use by others.