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Global rules on foreign direct investment (FDI)
Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
Syndicated lending is a well-established and critical way for banks to share risk in financing larger or riskier projects. However, syndicates also involve otherwise competing banks talking to each other about the terms of the financing, sometimes with the potential to reduce competition between them.
On the heels of a high profile criminal cartel case launched against three major financial institutions and individuals last year, the financial services sector has been identified as a key focus area for the Australian Competition and Consumer Commission (ACCC) in 2019. A Financial Services Unit has been established to undertake regular inquiries into specific financial competition issues.
Syndicated lending processes may well feature in the ACCC’s consideration, particularly given the recent release by the European Commission of its final report on loan syndication, and its impacts on competition in credit markets (EC Report). The report highlights certain practices that could give rise to competition risks, involving the close cooperation or potentially collusive behaviour of syndicate members. Our firm’s detailed analysis of the EC Report can be accessed here.
Whilst the EC Report relies on European precedent and data, many of the issues raised have global relevance.
Download our summary of the findings of the report and their application to the Australian banking sector.
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Cross-border acquisitions and investments increasingly trigger foreign direct investment (FDI) screening requirements.
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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.
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The EU’s Artificial Intelligence Regulation, commonly referred to as the AI Act, is expected to come into force during the summer of 2024 (the AI Act). The AI Act will be the first comprehensive legal framework for the use and development of artificial intelligence (AI), and is intended to ensure that AI systems developed and used in the EU are safe, transparent, traceable, non-discriminatory and environmentally friendly.
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