THURSDAY 30 August (09:00-12:00)

Working Session 4

Is the dream of globalization over?
Growing obstacles to M&A transactions, in particular cross-border

Organised by AIJA Commissions: Antitrust / Corporate and M&A / Banking, Finance and Capital Markets

2016 has seen the highest volume of withdrawn M&A deals since the financial crisis of 2008, many of which as a result of regulatory intervention and increased scrutiny as well as legal uncertainty.

In recent years, in various countries new regulation increasing control on transactions (e.g. foreign investment rules) has been introduced and policies have been tightened (in particular antitrust rules and policies) creating new, additional challenges for completing a transaction.

During our session we will discuss these developments on the basis of examples of increased regulatory scrutiny from selected countries and regions (including but not only the EU).

The discussion will also focus on identifying common trends and influences across countries and regions on these developments as well as best practice advise to address them in the context of a transaction.



Part 1

1.1General introduction to the session (5’)
1.2Key note speaker Xavier Bindel, Managing Director and Head of M&A of JP Morgan Paris, France
followed by Q&A session with attendees (20’ - 25’)
1.3Presentation of the results of the online survey conducted with AIJA Members (10’ - 15’)
1.4Introduction/short presentation of each of the topics to be tackled at the Worldcafé tables (approx. 5’ each)


- Coffee break 15’ -

Part 2

2.1Worldcafé table discussions with following tables (60’):

  1. Foreign investment regime in the EU - Speaker: Nils Krause, DLA Piper, Germany/China
  2. Foreign investment regime in Russia - Speaker: Sergey Khanaev, ALRUD, Russia
  3. Foreign investment regime Brazil - Speaker: Bruno Guarnieri, Miguel Neto Advogados, Brazil
  4. Financing restrictions 1 - Speaker: Charles Harvey, Farrer & Co, UK
  5. Financing restrictions 2 - Speaker: Alex Carbonell, Gómez-Acebo & Pombo Abogados, S.L.P., Spain
  6. Gun jumping 1 – EU - Speaker: Aniek Schadd, AMS Legal BVBA, Belgium
  7. Gun jumping 2 – France - Speaker: Pauline Le More, LeMore Avocat, France
  8. Multiple merger control filings in different jurisdictions - Speaker: Sophia Yeh, Tsar Tsai Law Firm, Taiwan

2.2Wrap-up presentation by the moderators of each table (30’)


Key contacts:

Christian Sauer, Alex Carbonell, Ruben Elkerbout, Nils Krause, Jennifer Maxwell