Aug 21, 2023 Private M&A: Equity consideration transactions - Enhanced due diligence, more extensive warranties and alternative risk allocation By Gaia Pattyn The past eighteen months have seen a steady increase in sellers accepting consideration other than cash in private M&A transactions....
Jul 17, 2023 Foreign Direct Investment (FDI) screening mechanisms must respect fundamental freedoms: A Case built on Clay, Sand (and Gravel) By Thomas Lübbig Uwe Salaschek Matthias Wahls Weak cases sometimes make good law. On 13 July, the ECJ in Case C-106/22 held that: Except in specific circumstances, the EU FDI...
Jul 12, 2023 EU’s foreign subsidies regime officially kicks off – a new chapter for M&A and public procurement in the EU By Andreas von Bonin Merit Olthoff Martin McElwee Paul van den Berg Vanessa van Weelden Aytaç Çelebi Joanna Goyder +4 more... Show less On 10 July 2023, the European Commission (Commission) published the much-awaited final version of the Implementing Regulation on...
May 11, 2023 Revamping corporate law for capital raises in Germany: A closer look at the draft Future Financing Act By Daniel von Bülow Lawmakers at both the European and national levels have taken on the ambitious task of improving the attractiveness of public capital...
Apr 27, 2023 Vietnam's merger control process – finding the right balance By Hoang Ha An Alastair Mordaunt Charles Tay Laurent Bougard +1 more... Show less It has been more than two years since Vietnam’s merger control regime became operational. A number of practices by the Vietnam...
Apr 24, 2023 EU merger control simplification package: cutting or increasing the red tape? By Felix Roscam Abbing Jan Jeram Paul van den Berg Joanna Goyder +1 more... Show less In brief On 20 April, the European Commission (Commission) adopted a merger control simplification package including a revised...
Apr 12, 2023 Dusting off the Takeover Act - German Future Financing Act to bring useful changes to the takeover landscape By Sabrina Kulenkamp Daniel von Bülow Today, the German Federal Ministry of Finance and the Federal Ministry of Justice published the draft for a so-called German Future...
Mar 29, 2023 EU Tax Blacklist update: German taxpayers with business relationships with Russian counterparties expected to face stronger headwinds By Christian Sistermann Moritz Lehmann On 14 February 2023, the Council of the EU (the Council) voted to add Russia to the main EU list of non-cooperative jurisdictions for tax...
Feb 07, 2023 EU foreign subsidy control – consultation on implementing rules By Merit Olthoff Paul van den Berg Sarah Erne Joanna Goyder Malte Symann Christopher Sickinger +3 more... Show less Yesterday the European Commission put out for consultation a draft Implementing Regulation on proceedings pursuant to the Foreign...
Jan 06, 2023 New Italian power to call in below-threshold mergers – guidance now published By Gian Luca Zampa Alessandro Di Giò Gabriele Maria Polito The new IAA’s power to review concentrations below thresholds As anticipated in one of our previous blog posts, the “2021 Competition...
Nov 14, 2022 Expanding the merger control toolkit - Is this the end of non-reportable M&A for firms that are deemed dominant? By Thomas Lübbig Kasia Bojarojc Daniel Wylde Justin Chen Sarah Mitchell +2 more... Show less The question of how best to capture and test non-reportable acquisitions that are nonetheless deemed as meriting review is one the...
Nov 10, 2022 Environmental liability insurance in a private M&A context By Gaia Pattyn Sascha Arnold Introduction Dealmakers in Europe have grown increasingly accustomed to the use of warranty and indemnity (‘W&I’) insurance in M&A...