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Let's talk antitrust: Discussing recent cases and emerging competition issues
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Global | Publication | April 2016
There is significant regulation of foreign investment in Australia and a number of reforms have been made to Australia’s foreign investment regime in recent months. The latest edition of our Changes to foreign investment regulation in Australia publication provides a summary of these changes, including specific issues relating to investments in the resources and infrastructure sectors.
The recent reforms include:
As with most regulatory reforms and tax changes, the ‘devil is in the detail’ of these reforms. Some of these changes can be welcomed as they have simplified the foreign investment application process and clarified some ambiguities in FIRB’s policies. Others provide for increased scrutiny with respect to acquisitions of certain asset types, which investors will need to factor into their bid plans. The new tax conditions mean that investors will have to carefully consider the likely Australian tax consequences of making the investment due to the additional compliance and reporting obligations the tax conditions impose, as well as the potential penalties for non-compliance.
Given these circumstances, we strongly recommend foreign investors seek early professional advice to navigate through the process of investing in Australia, even if they have successfully invested previously.
We hope you find our Changes to foreign investment regulation in Australia publication useful. Please contact one of the advisers listed if you have any questions.
Primary drafting: Sarah Lilly and Raymond Lou. Additional input and review: Liz Allnutt, Keira Brennan, Michael French, Anthony Latimer, Richard B Lewis, Andrew Spalding, Gary Thomas and Michelle Ralston.
Video
Recent cases and judgments have shone a light on some emerging themes and trends that companies will want to consider as part of their risk management framework.
Publication
After a lacklustre finish to 2022 when compared to the vintage year for M&A that was 2021, dealmakers expected 2023 to see the market continue to cool in most sectors, in response to the economic headwinds of rising inflation (with its corresponding impact on financing costs), declining market valuations, tightening regulatory scrutiny and increasing geopolitical tensions.
Publication
On 18 September 2023, the CMA published its Initial Report (Initial Report) on AI Foundation Models (FM), supplemented in April 2024 with the publication of its “Update Paper” focused on potential antitrust risks associated with FMs and a “Technical Update Report” providing more detail on the development on FMs (collectively the “Reports”). Below, we consider these CMA publications.
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