Breakout Roundtable Discussions

June 11, 2024 4:45pm

Table 1

Paul Johnson
Partner
Baker McKenzie (Belgium)

Table 2

Pablo Figueroa
Partner
Pérez-Llorca Law Firm (Spain)

Table 3

Rikke Sonne
Director, attorney-at-law
Accura Law Firm (Denmark)

Your opportunity to drive the conversation! During this interactive session, delegates are invited to join a small group discussion table of their choice to unpack real-world instances of how remedies are being applied to transactions, from a variety of perspectives. Delegates are encouraged to bring their experiences to the table for a facilitated constructive conversation.

Table One: Merger Controls, FDI and FSR

  • Navigating the three new layers of complexity for companies to consider in the EU
    • New approach to the EU’s merger control referral mechanism together with the ex-post review of transactions
    • Needing to undertake a complete FDI assessment, covering now almost all EU Member State jurisdictions
    • Dealing with FSR now the EU Commission is able to review transactions in which the purchaser has benefits from foreign subsidies

Table Two: FDI Remedies Across Jurisdictions

  • What types of remedies are being imposed, in which jurisdictions?
  • How common are these in such jurisdictions and what is the justification?

Table Three: The Latest Commitment Strategies Emerging Across Multiple FDI Regimes

  • Examining how thresholds and requirements might vary depending on the size of the stake acquired, the assets and target revenues as well as relevance of other means of effective control
  • Treatment of asset deals, IP transfers and green field investments
  • Which regulations come into play during the transaction and after?
  • Special considerations for preparing transaction documents when risk is being transferred from one party to another