1-10 of 135 results

Is Australia's merger control regime really broken and is such significant change required?
Insight 09 Sep 2021

ACCC Chair Rod Sims has outlined for debate the ACCC's proposals to overhaul Australia's merger control regime. We are not convinced the system is broken. We consider that the ACCC's proposals are an over-correction to address a problem that has not been demonstrated to exist. ...

ACCC's proposals to overhaul Australia's merger control regime
Insight 01 Sep 2021

Merger reform has been on the agenda in Australia for some time, but the ACCC's announcement kicks off the debate in earnest. Allens will be monitoring these discussions and actively participating in the debate about the need for, and content of, any proposed changes. ...

ACCC seeks overhaul of Australia's merger regime: what you need to know
Insight 27 Aug 2021

The Chairman of the Australian Competition and Consumer Commission (ACCC) Rod Sims outlined the ACCC's vision for a dramatic overhaul of Australia's merger review regime. Here's what you need to know. ...

Global remedies for global transactions – what makes the ACCC take a different approach?
Insight 26 Jul 2021

As global M&A activity surges, we address the challenges your global deal could face, focusing on the likelihood that the ACCC accepts additional and/or separate remedies to those provided to merger control agencies in other jurisdictions. ...

Changes to FIRB Guidance Notes
Insight 26 Jul 2021

The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...

Mandatory FIRB approval thresholds for acquisitions in Australian entities
Insight 23 Jun 2021

On, 1 January 2021 significant changes came into effect to Australia's (FIRB) remine.  To help you navigate the complexities of these new rules we have compiled a summary of the thresholds for determining whether a proposed acquisition of equity interests triggers an obligation to obtain 'FIRB approval' under the Foreign Acquisitions and Takeovers Act 1975 (Cth) (FATA). ...

Transferring jurisdiction over schemes from the courts to the Takeovers Panel
Insight 17 Jun 2021

In the federal budget, the Treasurer announced funding for a public consultation process to consider broadening the jurisdiction of the Takeovers Panel to include members' schemes of arrangement. The idea of transferring jurisdiction over schemes from the courts to the Panel is not a new one. ...

Nucleus – corporate law developments: ASIC leadership changes and other updates
Insight 26 May 2021

ASIC leadership changes; ASX advises constitution amendments for CHESS replacement, and launches consultation on oil and gas reporting amendments; ACCC teams up with UK and German competition regulators on merger control; Federal Court upholds record diesel emissions penalty ...

Allocating FIRB completion risk in public M&A deals
Insight 22 Apr 2021

One of the issues a target board will need to consider when assessing a takeover by a foreign bidder is the mitigation of FIRB completion risk in the transaction, and the appropriate allocation of any residual risk between the bidder and the target. This is particularly an issue where the target's business includes critical infrastructure or raises national security issues. ...

Nucleus – corporate law developments: ASIC 'no action' position on virtual meetings; legislative clarification on the definition of casual employee; and other updates
Insight 21 Apr 2021

ASIC takes 'no action' position on virtual meetings but no such luck for electronic signatures; Fair Work Act amendments clarify the definition of casual employment; ASX Listing Rule amendments to commence from 5 June 2021; ASX updates Guidance Note 19: Performance Securities; Takeovers Panel remakes procedural rules; APRA provides guidance to ADIs on the use of indemnities in divestment transactions. ...

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