When the regulator comes knocking
0.25 CPD point | Australian regulators are sophisticated, increasingly globally interconnected and are proactively taking enforcement cases.
Global Rules on Foreign Direct Investment
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Liquidity management obligations for investment funds
In response to recent market volatility and disruption, operators of retail investment funds and their boards have been reminded of their governance and conduct obligations in light of potential liquidity risks. In addition, the Australian Securities and Investments Commission (ASIC) has requested that responsible entities, as the operators of registered schemes (retail funds), assist the regulator with monitoring the situation by introducing notification measures.
Mergers involving firms in financial difficulty: Some practical tips
The COVID-19 pandemic has had a dramatic global impact. Current forecasts indicate that the global economy will contract during 2020 by more than the global financial crisis of 2008-09.
The COVID-19 crisis: EU Competition Policy response
In response to the COVID-19 crisis, European Union (EU) President Ursula von der Leyen has formed a team led by eight Commissioners to coordinate the EU response.
Timely, or too soon? Competition Bureau releases guidance on “failing firm” claims in merger reviews
On April 29, in a rare decision based on the “failing firm” rationale, the Competition Bureau announced it would not challenge the acquisition of Total Metal Recovery (TMR) Inc. by American Iron & Metal Company Inc. (AIM), because TMR would have likely exited the market without the merger.
EU relaxes antitrust restrictions in the food and agriculture sectors
On May 4, 2020, the European Union (EU) announced a package of measures to support the food and agriculture sector and mitigate the effects of the COVID-19 outbreak, including relaxing some antitrust rules on cooperation.
Proposed COVID-19 legislation would pause merger activity
Representatives wrote to US House leadership requesting that the next stimulus bill include a moratorium on transactions that do not involve firms that are truly failing.