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ARTICLE · 05 JULY 2020

Mergers involving firms in financial difficulty: Some practical tips

The ACCC provides guidance on its approach to merger reviews in the context of competition, insolvency and COVID-19.

AustraliaCorporate/Commercial Law

The COVID-19 pandemic has had a dramatic global impact. Current forecasts indicate that the global economy will contract during 2020 by more than the global financial crisis of 2008-09.1

Some sectors have been more severely impacted by COVID-19, including:

  • Sectors affected by consumer spending restraint or deferral, including entertainment, restaurants, and traditional 'bricks and mortar' stores.
  • Sectors involving non-essential and deferrable discretionary spend, including travel and hospitality.
  • Sectors that are indirectly connected to those sectors, including aerospace, and oil and gas.

In any recession, more mergers or acquisitions will involve firms in financial difficulty. Claims will be made that a merger will promote competition by ensuring the survival of firms.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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