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Herbert Smith Freehills tops Australian M&A league tables for 2020
Herbert Smith Freehills has secured its position as the leading legal adviser in Australian mergers and acquisitions, topping three different M&A …
Full Federal Court dismisses ACCC’s appeal against Pacific National’s intermodal terminal acquisition
The Full Federal Court has dismissed the ACCC’s appeal in respect of its case against Pacific National and Aurizon.1 In dismissing the ACCC’s appeal, the …
Herbert Smith Freehills toasts 20th anniversary of the Australian Takeovers Panel with new publication
This Friday marks the 20th Anniversary of the Australian Takeovers Panel — the country’s predominant M&A policy setter and takeover dispute …
Australia's courts publish reasons for clearing Vodafone/TPG merger
We assess the Federal Court's decision to overrule competition regulators to back $15bn telecoms merger. On 13 February 2020, the Federal Court of …
ACCC case theory terminal
Update: On 27 June 2019, the ACCC announced that it has lodged an appeal to the Full Federal Court against the Federal Court’s decision. The ACCC stated …
ACCC succeeds in first merger ‘gun-jumping’ cartel prosecution
On 13 February 2019 the Federal Court ordered Cryosite Limited to pay $1.05 million in penalties for engaging in ‘gun jumping’ cartel conduct in its …
Herbert Smith Freehills acts for Tabcorp in second successful authorisation application to acquire Tatts
The Australian Competition Tribunal has today granted authorisation to Tabcorp Holdings Limited, represented by Herbert Smith Freehills, to acquire the …
“Tell him he’s dreamin’!” - Court declines to approve shareholder-approved scheme of arrangement
In a recent decision, the Supreme Court of Queensland has declined to approve a novel scheme of arrangement, despite it being approved by the requisite …
Warrnambool Cheese – The next chapter
Summary In this case the rights issue closed prior to the Panel making its decision on whether to conduct proceedings. This was due to a significant …
Franking credits in takeovers
Summary Despite frequent comment in the media to the contrary, franking credits may be valuable to foreign acquirers. This means that assertions that …
Australian M&A in FY15 – A tale of two halves
Summary The Herbert Smith Freehills 2015 Australian Public M&A Report will be released on 1 October. The Report examines the 55 public takeovers …
Bending the rules to fix an inadvertent breach of timing requirements in takeover bids
Summary In order for acceptances of a takeover bid to be valid, all conditions must be satisfied or waived before the end of the offer period. In a …
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