Norton Rose Fulbright advises Sandvik on acquisition of mine planning software company Deswik

Global law firm Norton Rose Fulbright has advised global engineering group Sandvik on its proposed acquisition of Deswik Group, a Brisbane-based software business that focuses on mining industry products.

Sandvik announced on December 2 that it had signed an agreement to acquire Australian-based Deswik, the leading and fastest growing major provider of mine planning software. Deswik will be part of a newly formed division ‘Digital Mining Technologies’, within the business area ‘Sandvik Mining and Rock Solutions’.

Deswik is a privately-owned company established in 2008 and headquartered in Brisbane, Australia. It has about 300 employees and operates 14 offices in 10 countries. Deswik has demonstrated strong and profitable growth over the past decade in the large and growing mining software market.

The acquisition will provide Sandvik with a top-tier supplier of integrated software platforms that support digitalisation throughout mine planning stages, with more than 10,000 current licenses. It will bolster Sandvik’s standing as a high-tech and global engineering group, with about 37,000 employees and a strong commitment to enhancing customer productivity, profitability and sustainability. Its operations are based on unique expertise in materials technology, extensive knowledge about industrial processes and close customer cooperation.

Norton Rose Fulbright’s multi-jurisdictional team included lawyers from Australia, Canada, US, South America, South Africa and UK. The team advised on all aspects of the deal, including due diligence, deal structuring, regulatory approvals and negotiation of transaction documents.

Australian Corporate M&A partner Marshall Bromwich commented:

“Digital transformation is present in all industries, and the pace at which companies are modernising has really accelerated in recent years. We are pleased to have been able to bring a cross-border team to assist Sandvik to acquire Deswik, with its complementary product suite, quality customer base and history of strong growth. The acquisition will bolster Sandvik’s technology offering by providing it with a holistic software and digitalisation offering to its mining clients”.

Marshall led the Australian team and was supported by partners Georgina Hey, Ka-Chi Cheung, Nick McHugh, Martin Osborne and Will Webster; special counsel Mindaugas Skavronskas; senior associates Linda Lau, Dietrich Marquardt and Shannon Walker; associates Ming Kalanon, Kasey Solar, Morgan Woodland, Michelle Martin and Amelia Martin; lawyers Michael Lacey and Lachlan Crosbie; graduate Shaun Buckton; and summer clerk Jasper Gotterson.

The international team included, in Canada, partner Troy Ungerman and associate Sam Zadeh; in the US, partner Mara Rogers, senior counsel Stephen Nelson and associate Eric Ramirez; in Brazil, partner Silvia Fazio; in South Africa, directors Amber Kardamilakis and Christina Pretorius, and associate designate Susan Bisset; and in the UK, partners Catrina Smith and Shane O’Reilly, and associates Charlotte Emmerson and Bethan Rowlands.

Norton Rose Fulbright has also advised on a range of corporate M&A deals:

• advising Stanmore Resources Limited on its proposed acquisition of an 80% interest in BHP Mitsui Coal for consideration of up to US$1.35 billion
• advising the buying consortium on the acquisition of units valued at $2.2 billion in the AMP Capital Retail Trust, regarding Pacific Fair (Qld) and Macquarie Centre (NSW)
• advising leading Asia-Pacific logistics real estate platform ESR’s acquisition of Blackstone’s Milestone logistics portfolio – the largest real estate deal in Australian history
• the $16.63 billion TPG / Vodafone merger – the largest Australian M&A deal of 2020
• advising leading global real asset investment manager PATRIZIA AG on its acquisition of infrastructure investment manager Whitehelm Capital – significantly increasing PATRIZIA’s global APAC footprint
• advising leading learning software company Seertech Solutions on a major investment by Quadrant Private Equity – the first investment by the $530 million Quadrant Growth Fund 2
• advising on the on-market takeover bid by Golden Investments for Stanmore Coal, the largest successful on-market takeover bid to be announced on the ASX in the past five years
• advising Shell on its sale to Global Infrastructure Partners of a 26.25% interest in the Queensland Curtis LNG (QCLNG) Common Facilities for US$2.5 billion.
• advising Sumitomo on its acquisition of Nufarm LATAM business for AU$1.18 billion
• advising Spotless Group Limited on all legal aspects of its competitive sales process for the sale of its market leading Australian and New Zealand commercial laundry businesses
• advising China Mengniu Dairy Company Limited on its proposed $1.5 billion acquisition of Bellamy’s