1-10 of 175 results
Terminating M&A deals for material adverse change
In October 2024, the English Commercial Court delivered an important decision in BM Brazil concerning the ability of a buyer to rely on a material adverse change (MAC) condition to terminate an M&A deal. ...
The impact of Australia's proposed new merger laws on takeover bid tactics and strategies
In this Insight we delve into some of the practical implications of these new rules for takeovers of listed companies in Australia, particularly those bids which do not raise any competition concerns, and which currently don't require any ACCC approval. ...
Merger reform legislation: complex process risks capturing more transactions than intended
Yesterday, the Federal Government introduced the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (the Bill ) to the Parliament, marking a significant shift in Australia's merger ...
Activist shareholders are becoming more efficient, more sophisticated and better resourced
Shareholder activists are increasingly using novel tactics to influence the strategies of companies. While campaigns continue to focus on the full spectrum of key issues like M&A activity, business ...
The future of mergers in Australia
Australia's merger regime is set for a major overhaul, with reforms coming into effect for deals closing or completing on or after 1 January 2026, impacting transaction timelines from mid-2025. These changes will introduce a single mandatory and suspensory administrative process, replacing the current framework. ...
M&A reform: notification thresholds out for consultation
Treasury has released its Consultation Paper on notification thresholds under Australia's proposed new mandatory merger regime. The Consultation Paper sets out its proposed design and values for the notification thresholds, which are based on international experience and available data. ...
The future of mergers in Australia: Treasury's proposed new framework
The Federal Government has released draft legislation for consultation to implement reform to Australia's merger laws following its announcement in April that Australia is moving to a mandatory and suspensory administrative merger regime from 1 January 2026. ...
Takeaways from recent guidance on cyber incident disclosure obligations for listed companies
In this Insight, we examine the guidance note and related developments and offer our view as to when disclosure (for the purposes of the ASX listing rule requirements) of cyber incidents should generally only occur. ...
How to prepare for, and execute, a successful exit
After a relatively subdued 2023, we are predicting that the rest of 2024 will prove to be the year of the exit, with improving macroeconomic conditions providing the ideal environment for the exit of a number of high-quality assets. ...
Reforms to strengthen and streamline the FIRB regime
On 1 May 2024, the Australian Treasurer announced reforms to the Foreign Investment Review Board (FIRB) framework, to make it stronger, more streamlined and more transparent. On the same day, the Government released an updated Foreign Investment Policy document, setting out the reforms. ...