M&A

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Deals analysis

  • Glencore-Xstrata merger terms explained

    09 February 2012

    Glencore and Xstrata’s proposed $90 billion (£56.8 billion) recommended all-share merger will be conducted as a scheme of arrangement, includes a £298 million reverse break fee and requires antitrust clearance in five countries

  • Two-step mergers grow with Brazil deal

    09 January 2012

    Brazil’s first mid-market investment into the US has used the increasingly popular top-up option to close the two-step merger

  • Deutsche mergers create pan-European bank model

    14 December 2011

    A first of its kind bank merger has seen Deutsche Bank use the cross-border merger directive to convert its Portuguese and Hungarian subsidiaries into branches of the German parent company

  • MAC risks shown by Sberbank merger

    23 November 2011

    One of Europe’s biggest banking M&A transactions this year involved intense negotiations over material adverse change (MAC) clauses to deal with market turbulence, according to a lead lawyer on the deal

  • The Indonesian M&A structuring quirks to watch out for

    23 November 2011

    M&A structures in Indonesia are developing strange quirks, as a result of a desire to sell public companies. Here are the key difficulties

  • Anglo American’s De Beers purchase explained

    17 November 2011

    Lawyers on the Anglo American/De Beers deal navigated third party pre-emptive equity rights and utilised an anti-embarrassment clause in the $5.1 billion acquisition

  • First Bribery Act prosecution defies international focus

    21 September 2011

    The anxiously awaited first prosecution under the new UK Bribery Act (UKBA) has surprised the industry

  • Formal sale does not expose UK Takeover loophole

    21 September 2011

    Pension provider Pointon York’s formal sale does not expose a loophole in the UK Takeover Panel’s new requirement for bidder identification, a corporate lawyer has warned

  • SAB/Foster’s merger uses scheme, equity swaps

    21 September 2011

    SABMiller’s A$9.9 billion ($10.2 billion) recommended cash offer for Australian liquor company Foster’s Group is structured through a scheme of arrangement and utilises cash-settled equity swaps, it has been announced

  • Implications of AT&T/T-Mobile antitrust case revealed

    08 September 2011

    The lawsuit filed by the DoJ last week to block AT&T’s acquisition of T-Mobile caught the corporate sector by surprise. Here, US antitrust attorneys have their say on the case

News analysis

  • Execution risk grows in China take-privates

    22 February 2012

    Private equity firms dealing in take privates on Chinese companies are facing increased execution risks, with due diligence costs spiraling

  • Canadian Competition Deputy Commissioner: new merger guidelines not a policy change

    09 February 2012

    A Canadian Competition Deputy Commissioner has responded to concerns over the January 11 Merger Review Process Guidelines, saying the new rules are a reflection of current practice

  • How to prepare for Mofcom’s new M&A rules

    27 January 2012

    Lawyers in Mainland China have urged companies to screen all M&A deals, regardless of size or location, ahead of new Ministry of Commerce of the People's Republic of China (Mofcom) merger rules which take effect February 1

  • Brazilian judge: corruption reform to increase FDI

    13 January 2012

    Foreign direct investment into Brazil will increase if a bill that make companies liable for corrupt business practices is passed, Sao Paulo Federal Appeals Court Judge Fausto De Sanctis has told IFLR

  • Dodd-Frank and Bribery Act: US whistleblowing to hit UK firms

    12 January 2012

    It’s only a matter of time before financial incentives to report US securities and commodities law violations start impacting the UK market, lawyers have warned

  • LatAm’s new competition

    23 December 2011

    Brazil, Argentina and Ecuador are the latest to shake-up the region’s diverse and often unusual antitrust rules

  • Europe on alert

    23 December 2011

    Chinese state-owned enterprises’ increasing European investments are causing competition concerns at the EC. Here’s what the regulators are focusing on

  • FDI revisions reveal PBOC’s currency fears

    08 November 2011

    A Chinese government decision to fast track rules on renminbi-settled foreign direct investment (FDI) is indicative of authorities’ concerns over the outflow of money from the country, according to market participants

  • Small companies face tougher FCPA scrutiny

    08 November 2011

    Small and mid-cap companies operating internationally are having to readdress their corruption compliance programmes following a record number of Foreign Corrupt Practices Act (FCPA) enforcement actions last year, and a shift away from the Act’s traditional focus on large companies

  • When you need a US fairness opinion

    03 November 2011

    Fairness opinions are an important part of most deal agreements, but are not always necessary and will not help justify transactions where the financial analysis is crafted to rationalise the deal. This is the position affirmed in recent Delaware Court of Chancery shareholder litigation

  • How shareholder activism has changed

    02 November 2011

    Shareholder passivity, executive compensation and the role of the media emerged as the topics to watch in the IBA session ‘Shareholder activism: how shareholders drive change and how boards and advisers respond’ on Wednesday November 2

  • Why anti-bribery is a global problem

    02 November 2011

    Although the UK Bribery Act has focused attention on the UK regime, other countries ramping up their anti-corruption initiatives

  • Why winning bidder finance survives Del Monte

    26 October 2011

    Settlement in Del Monte’s closely-watched shareholder litigation does not mark the end of stapled finance or winning bidder finance, but US counsel predict market expectation to shift away from banks working both sides of deals

  • Sponsors lose post-crisis loan covenants

    25 October 2011

    Leveraged loan covenants are showing banks’ hesitancy to finance all but the strongest of credits. More robust market flex terms and bigger equity checks have characterised deals coming to market during summer

  • Brazil’s antitrust overhaul: less deals reviewed, more could be blocked

    20 October 2011

    Fewer deals will face antitrust review under Brazil’s long-awaited antitrust bill, expected to soon be signed into law. But a larger number could be blocked

  • Lessons in RTM assignment restrictions

    19 October 2011

    A more prudent approach to third party consents may be required when closing reverse triangular mergers (RTM) following an unexpected Delaware Court of Chancery decision earlier this year

  • Singapore Companies Act changes critiqued

    18 October 2011

    Lawyers in Singapore see proposed amendments to the Singapore Companies Act as symbolic of a move away from a UK-centric to a more locally-customised corporate law.

  • EU contract law may cover financial services

    13 October 2011

    Yesterday’s publication of the EC’s proposals have prompted speculation that the scheme will soon encompass financial services

  • TSX board election rule leaves room for OSC enhancement

    05 October 2011

    Canadian companies listed on the Toronto Stock Exchange (TSX) may be subject to new regulations on board elections sooner rather than later. The TSX bypassed the slower Ontario Securities Commission (OSC) rulemaking process and proposed its own reforms last month

  • Stronger DoJ enforcement on vertical mergers

    22 September 2011

    New US Department of Justice (DOJ) guidelines on conduct remedies suggest more vigorous enforcement of vertical mergers, some attorneys have commented

  • Canadian companies toughen corporate governance after “watershed” case

    07 September 2011

    An increasing number of Canadian companies are looking to revise their international corruption compliance procedures following a “watershed” enforcement under the country’s bribery statute, according to competition partners

  • What Chile’s ban on Irish Ucits means for funds

    07 September 2011

    The Chilean pensions regulator has disapproved general investment into Irish domiciled Ucits funds, following the country’s sovereign downgrade to junk status

  • Exclusive: Australia to introduce intercreditor framework

    31 August 2011

    Australia will introduce a framework of key intercreditor principles that will change the leveraged finance market forever, IFLR can reveal

Upcoming events

  • 22feb

    Asia M&A Forum

    Island Shangri-La Hotel, Hong Kong February February 22-23 2012

Web seminars

Proposed US offering reforms
March 8, 2012
4.00 pm GMT