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  • The New Zealand government recently announced a package of 'in principle' reforms to the electricity industry, which have as their primary objective obtaining 'a better deal for electricity consumers'.
  • Diageo, the world's largest drinks business, is selling drinks brands Bombay gin and Dewar's scotch whisky to Bacardi, at a price thought to be over £1.1 billion (US $1.8 billion). The sale was required by US regulators in order to allow the proposed merger of Guinness and Grand Metropolitan to go ahead. Goldman Sachs entered into a US$2.6 billion multicurrency agreement with Bacardi, consisting of three series of term loans to finance the acquisitions and one series of term loans to refinance the company's existing debt. Frank Aquila and Neil Anderson, M&A partners at Sullivan & Cromwell's New York office, are advising Diageo.
  • Nippon Telegraph and Telephone Corporation (NTT), the largest provider of telecommunications services in Japan, has completed a US$1 billion SEC-registered global note offering, part of a trend by Japanese corporate issuers to borrow in the international market, rather than from Japanese banks or in the Japanese domestic bond market. The transaction is the first global note offering by NTT and the second recent SEC-registered global note offering by a Japanese issuer. Goldman Sachs and Morgan Stanley Dean Witter acted as global coordinators on the deal advised by Sullivan & Cromwell.
  • Two New York firms, Skadden, Arps, Slate, Meagher & Flom and Shearman & Sterling are advising on the merger between US refuse controllers Waste Management and USA Waste. The merger is valued at $20 billion. Shearman & Sterling is counsel to USA Waste led by M&A partner John Marzulli in New York. Other New York partners are Mary Kate Wold (tax), John Cannon (competition), Margaret Murphy (environmental) and William Roll (litigation). Stephen Sunshine, a partner in Washington, dealt with antitrust matters.
  • To cut perceived abuses of the safe harbour for offshore securities sales, the US SEC has restricted the use of Regulation S by US issuers. By Richard Muglia and Annemarie Tierney of Skadden, Arps, Slate, Meagher & Flom LLP, London
  • The new ISDA standard confirmation for credit swaps should boost the credit derivatives market. By Daniel P Cunningham, R Brent Jones and Thomas J Werlen of Cravath, Swaine & Moore, New York
  • Foreign investment enterprises in the project finance field must now seek the same foreign exchange authorizations as domestic entities. By Edward Turner and Edward Lam of Shearman & Sterling, Hong Kong and London
  • Colombian companies are increasingly looking forward to expanding their capacity into new markets and increasing their local capacity. The merger of companies is a useful instrument to enhance this capacity.
  • Nearly 75% of the voting capital, corresponding to about 30% of the total capital of Eletropaulo Metropolina was sold at auction for about US$1.8 billion on April 15. Eletropaulo Metropolina was the largest of the two distribution networks of Eletropaulo which, in turn, was the largest distributor of electricity in Latin America. The participation was acquired by Light, already a distributor of electricity in Rio de Janeiro, controlled by a consortium formed by Companhia Siderúgica Nacional, the American companies Huston and AES and the French company EDF.
  • On October 3 1997 a new Public Trading in Securities Act was published, which took effect on January 4 1998. The Act replaces the Securities Trading Act of 1991. The new Act provides, among other things, for a more detailed regulation of the field of derivatives transactions.