Publication
Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Global | Publication | May 2022
Marc Waha and Nicolas Cassauba were recently invited as special guests on a three-part podcast for Conventus Law’s “Heart of the Matter” – A podcast focusing on legal developments from around the world.
Learn more about the episodes below:
This episode discusses the transactional planning process in M&A deals. Marc and Nicolas also discuss why competition lawyers are often involved early on as the term sheets are discussed, competition merger clearance and the impact on the transaction timetable. In addition, they discuss merger control requirements in the transaction documentation, conditions precedent unique to Asia jurisdictions and market practice on whether to retain separate counsel or to have one external counsel acting for both parties.
This episode discusses the process and challenges when seeking clearance from competition authorities on M&A deals. Marc and Nicolas explain the typical clearance process, discuss the logistical and practical aspects of preparing the materials, and nuances across Asia.
This episode discusses dealing with any substantive issues that come up during an M&A transaction. Marc and Nicolas also explain what makes a transaction fail, typical issues that may come up leading to greater scrutiny, and how much influence politics plays in throughout the transaction.
Publication
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Publication
On February 2, 2024, the Belgian Presidency of the Council of the European Union confirmed that the Committee of Permanent Representatives had signed the Artificial Intelligence (AI) Regulation, referred to as the AI Act. Approval by the EU Parliament followed on 13 March 2024, and the AI Act is likely to appear in the EU’s Official Journal around May 2024. The AI Act aims to establish a stringent legal framework governing the development, marketing, and utilisation of artificial intelligence within the region, thereby marking a significant advancement in the regulation of this burgeoning domain.
Publication
The private credit market and direct lending have grown and diversified immensely in the past decade, offering alternative sources and terms of debt compared to those historically provided by the syndicated leveraged loan and public issuance markets. Consequently, they are fast becoming pivotal components in the capital ecosystem, so much so that the Bank of England consider that the private credit market is currently responsible for approximately $1.8 trillion of debt issuance, which is four times its size in 2015. This growth has been particularly pronounced in Europe and the US but there has also been significant activity in Asia.
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