4 Oct 2024
Insight
We have published a comprehensive legal guide of considerations in US acquisitions of Australian companies and businesses. The guide is suitable for both US acquirers and their advisers as well as domestic targets approached with a US acquirer.
Our annual public M&A report typically finds US bidders account for in excess of 40% of Australian public company M&A. The statistics for private M&A acquisitions are not made public, but are comparable in our experience.
Herbert Smith Freehills have advised extensively on US inbound acquisitions of Australian companies and businesses. This includes acting for Newcrest on Newmont’s A$26 billion scrip merger and BlackRock on the Australian aspects of its US$12.6bn acquisition of Global Infrastructure Partners.
Based on our extensive experience, a thorough understanding of the interaction of the US and Australian rules and practices is an important competitive advantage in these cross-border transactions.
The purpose of this guide is to provide key considerations based on our extensive experience on successful US acquisitions of Australian companies. The guide covers:
- Foreign direct investment regime
- Merger control and antitrust considerations
- Public M&A considerations (ASX listed targets)
- Scrip mergers with US listed acquirers
- Private M&A considerations and differences
- Australian tax considerations
- Herbert Smith Freehills in Australia
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Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024
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