Baker McKenzie’s newly updated Global Private M&A Guide is a comprehensive resource examining the impact of new and existing laws affecting deal structuring and private M&A generally in nearly 40 jurisdictions.
With effect from 1 January 2024, the Office for the Protection of Competition (ÚOHS) of the Czech Republic issued a new notice on compliance programs specifying how ÚOHS will consider internal competition compliance rules as a mitigating circumstance when imposing fines. Since 2022, ÚOHS has recognized the enhancement of an existing compliance program, or the introduction of a new program, as a mitigating circumstance when imposing fines, subject to certain conditions. Building on the experience gained, the new ÚOHS notice outlines the conditions that businesses must meet for a compliance program to be considered effective and by how much the imposed fines can be reduced.
Modernization of Canadian competition law and foreign investment review is well underway. Recent and further proposed legislative amendments will impact how dealmakers assess substantial and procedural regulatory risk for mergers. This update summarizes the recent legislative amendments to the Competition Act (Act) that came into effect on 15 December 2023 and proposed legislative amendments to the Act and Investment Canada Act. Dealmakers should be aware of these amendments as they plan mergers involving Canadian businesses in 2024.
Against a backdrop of economic stagnation and geopolitical conflict, businesses are preparing for a challenging year. Global disputes will continue at pace, according to insights from more than 600 senior lawyers at large corporations, with ESG and employment risks the greatest areas of concern. Our seventh annual report provides detailed analysis of disputes trends, as well as sectoral and region-specific developments, to prepare your organization for The Year Ahead.
The Federal Trade Commission has just announced its annual adjustment to the notification thresholds that determine whether proposed transactions may trigger a filing obligation under the Hart-Scott-Rodino (HSR) Antitrust Improvements Act of 1976, as amended. The corresponding adjustments to the HSR filing fee schedule also were included in the announcement. The adjusted notification thresholds and filing-fee schedule will apply to transactions that close on or after the effective date, which will be 30 days after publication in the Federal Register and no earlier than 26 February 2024.
By means of Resolution 48/2024, the Secretariat of Commerce increased the value of the mobile unit to AR 506.19. This increase has an impact on the thresholds for notification of economic concentrations provided by the Antitrust Law 27,442. As of 25 January 2024, only economic concentration transactions in which the combined turnover of the acquiring group and the acquired company exceeds ARS 50,619,000,000,000 will be subject to notification to the Antitrust Commission (to the extent that some of the exceptions provided by the Antitrust Law do not apply).
On 26 January 2024, China issued significantly higher merger filing turnover-based thresholds, with immediate effect. Notably, China has removed a hybrid threshold proposed in the June 2022 draft, which was based on both revenue and market value of target companies and purported to target high-value “killer” acquisitions.
The Doing Business in the Philippines handbook aims to equip both local and foreign entrepreneurs with a practical guide to navigating the ever-evolving business landscape in the Philippines. It provides information on the requirements needed when setting up and operating a business in the Philippines, including incentives under special registrations, taxation, employment, IP, dispute resolution, and industry-specific regulations.
With the publication of a new guideline on green marketing, the Swiss Unfair Competition Commission has provided greater clarity in the assessment of the admissibility of marketing communications with environmental or climate-related content. In particular, the Guideline sets out clear rules on the requirements for admissible marketing communications with an environmental reference and the associated requirements for evidence. In a legal environment characterized by vague legal provisions and considerable discretion given to the competent authorities, this new Guideline provides important clarification.
The transition to a carbon-neutral economy is a seismic shift on a global scale, leaving no sector untouched. The urgent strategic, operational and reputational challenges are considerable, but so are the opportunities for growth. We are happy to invite you to
Transform Powerfully: Baker McKenzie Energy Transition Dialogue
Navigating your energy transition journey: Opportunities and challenges for suppliers, industrials and other market players
Thursday, 25 January 2024, 12:00 pm to 7:00 pm CET
Baker McKenzie, Neuer Zollhof 2, 40221 Dusseldorf, Germany