31-40 of 461 results
In Touch: Delta's bid rigging on full display; and other developments
The latest in competition and consumer law. ...
MAC conditions: more disclosure but no real change to market practice
MAC conditions have long been a feature of managing completion risk in public M&A transactions in Australia—utilising triggers based on either or both quantitative and qualitative measures. However, in 2022 ASIC published its concerns on the formulation of these conditions and, in particular, its expectation that MAC conditions include objective and 'quantifiable' triggers. ...
Fundraising – making the most of convertible notes
A noticeable fundraising trend in the first half of calendar year 2023 has been ASX-listed entities issuing convertible notes to strategic investors – which has caught the ASX's attention. In this Insight, we explain what potential issuers and investors need to know when issuing convertible notes. ...
Closing valuation gaps, unlocking value
The current Australian M&A landscape continues to be marked by a tough valuation environment, with bid-ask spreads, interest rate uncertainty and an uncertain macroeconomic backdrop making completion of transactions difficult. ...
Key considerations for customer-owned bank mergers
The consolidation of the mutual banking sector in Australia, as evidenced by recent mergers involving four of the country's largest customer-owned banks, is a response to competitive pressures and the need to scale technology, funding and compliance costs. ...
Unfair contract terms subject to penalties: is your organisation ready?
Time is of the essence for companies to prepare for changes to unfair contract terms (UCT) laws. The new regime will apply to standard form contracts entered into or renewed following 9 November 2023, and to terms of standard contract terms varied after this date. ...
Swaps over choppy waters: deal contingent derivatives provide certainty in uncertain times
In this Insight, we examine deal contingent derivatives, with a particular focus on their benefits over other financial risk mitigation tools such as swaptions and forward starting swaps. ...
Assessing damages through the rear view mirror: Quantum issues in automotive class actions
Toyota Appeal gives comfort to automakers that courts will recognise efforts to resolve product defects. ...
Management Equity Plans (MEPs) and their key considerations
In this Insight, we explore common structures and key tax and securities law considerations. ...
Recalibration of the ACCC's approach to merger reform
In this Insight, we explain these further details and how the proposed reforms have changed since first being raised in 2021. ...