1-10 of 122 results
Is Australia's merger control regime really broken and is such significant change required?
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
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
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?
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. ...
Transferring jurisdiction over schemes from the courts to the Takeovers Panel
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
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
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
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. ...
Vietnam merger control guide
Vietnam's new merger control regime took effect from 15 May 202. The new regime substantially expands the scope of transactions subject to the merger filing requirement and thereby captures more M&A transactions in Vietnam offshore. ...
Nucleus – corporate law developments: ASIC restricts effectiveness of certain director resignations; new ASIC whistleblower immunity policy; and other updates
ASIC restricts effectiveness of director resignations and introduces new whistleblower immunity policy; FIRB commences evaluation of changes to foreign investment laws; ACCC flags further reform of merger review process in 2021; lapsing of electronic signing and virtual meeting protocols ...