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  • European Commission officials are considering whether to block a hostile bid for Montedison. The Italian industrial group is the target of a $4.18 billion joint offer by the acquisitive French utility company Électricité de France (EDF) and Italian carmaker Fiat. The Commission's decision is a particularly difficult one because of the way in which Fiat and EDF have structured their bid. Both are bidding through their joint venture company Italenergia, which has no turnover, while Montedison itself gets two-thirds of its revenues from the Italian market. Under EU rules each merger partner has to have euro 250 million ($215 million) in more than one EU country. Whether the deal is a matter for Italian regulators or the Commission will depend on whether EU officials consider the assets of Fiat and EDF separately.
  • Freshfields Bruckhaus Deringer has acted for Deutsche Bank as arranger on the first French whole-business securitization to use a domestic special purpose vehicle (SPV). The euro 700 million ($590 million) Powerhouse Finance transaction is the first whole-business deal to use a domestic Fonds Commun de Créances (FCC). Previous securitization deals in France have used vehicles based in offshore jurisdictions such as Jersey or Ireland.
  • Volatile markets, near defaults, attorney lay-offs, protests, record debt swaps, new capital markets rules, street barricades, law firm break ups. It’s all happening in Argentina. But which firms are faring best in the crisis that doesn’t seem to end? Tom Nicholson went to Buenos Aires to find out
  • The post-handover rollercoaster ride for Hong Kong looks like it is heading for another dip as economic growth stalls. Nick Ferguson reports on the divergent strategies taken by law firms in the territory and assesses their likely success in cushioning the landing and preparing firms for when the ride takes off again
  • The latest legislative change prompting discussion is the Financial Services Reform Bill 2001 (FSRB) which is at present before the Federal Parliament. Now that the new federal Corporations Act 2001 has come into force, as of July 15 2001, the way has been paved for the FSRB to commence on October 1 2001.
  • Lovells has pressed ahead with its European expansion plans and announced a merger with French corporate law firm Siméon & Associés. 12-partner Siméon will merge with the UK firm on November 1, boosting Lovells in Paris to 25 partners working with 80 other lawyers. The merger will almost double the UK firm's corporate and tax department just as evidence emerges that many European clients have made severe cuts in their mergers and acquisitions (M&A) and capital markets activities. Six M&A specialists will join Lovells from the French firm, bringing the strength of its Paris office to 13.
  • The Australian government has taken an active and progressive view on financial legislation, this year introducing a series of significant reforms. Don Harding of Freehills, Sydney, assesses the new Corporations Act and the progress being made towards reform of financial services provision
  • The UK’s Court of Appeal ruled last month that a bank can avoid payment on a performance bond if it has been acquired fraudulently. Paul Friedman and Philip Young of Baker & McKenzie, London, review the case and assess its implications for banks and bondholders
  • Latham & Watkins and Davis Polk & Wardwell have structured the $1.1 billion limited recourse financing for the Hamaca heavy oil production and upgrading project in Venezuela. The deal is the first heavy oil project since the Sincor-sponsored transaction in mid-1998, and marks renewed interest and confidence in the country.
  • Hengeler Mueller is to lose a partner to one of its allied firms for the first time, forcing the closure of the German firm's Italian desk. Martin Hartl, a Hengeler mergers and acquisitions (M&A) specialist who also runs the firm's Italian advisory division, will join leading Italian corporate, antitrust and securities firm Bonelli Erede Pappalardo, which has a best friends relationship with the German firm, later this year. He is likely to move between October and January, after he completes the deals he is still working on for Hengeler in Berlin.