Auteur :
Date :
Conférence
Pascal DUPEYRAT
October 31th 2013
Mergers & Acquisitions and
Strategic Sectors
1
Mergers & Acquisitions and Strategic Sectors
Usual
business
2
Strategic sector
Unusual
businessMergers, Acquisitions,
Inve...
State's specific
powers
3
Refusals
Negotiated
agreements
Cancellation
Monetary
sanctions
Authorization
Mergers & Acquisiti...
Mergers & Acquisitions and Strategic Sectors
Ceramic
pan
4
Am i dealing with a strategic sector ?
Armored
vehicle
Chinese
...
Mergers & Acquisitions and Strategic Sectors
5
Datas Customer/Military
Mergers & Acquisitions and Strategic Sectors
6
Por
k
Smithfield
Food
Security
Shuanghui International
Mergers & Acquisitions and Strategic Sectors
7
More and stronger
legislation
Mergers & Acquisitions and Strategic Sectors
3 consequences of the presence of strategic
sectors :
8
Specific M & A
Specif...
01
Specific Mergers &
Acquisitions
9
Specific Mergers & Acquisitions
What makes a merger/acquisition in a strategic
sector specific ?
10
Need for an
administra...
Specific Mergers & Acquisitions
Administrative authority with
unique features
11
Regulations open to broad
interpretation
...
0
2
Specific Monitoring Issues
12
Specific Monitoring Issues
13
In legal terms:
- Foreign investment ?
The core issue : determining the nature of the
transa...
Specific Monitoring Issues
14
In institutional terms:
- Sector outside or within
the scope of public policy ?
- Strategic ...
0
3
Specific Management
15
Specific Management
3 levels of
management:
16
Administrative management :
Filing the authorization application
Waiting fo...
Specific Management
17
Strategic management :
Anticipating the forces at play
Reducing any competitive risk
Specific Management
18
Offensive management :
Involving the state
Sanctuarise the transaction
Conclusion
19
Mergers & Acquisitions and Strategic Sectors
20
Source UNCTAD
FDI
trend
Mergers & Acquisitions and Strategic Sectors
Geoconomics
trends :
21
Shift in the financial
balance of power :
- Multinati...
Mergers & Acquisitions and Strategic Sectors
22
Huge competition for
access to:
- Rare
commodities
- Critical
infrastructu...
Mergers & Acquisitions and Strategic Sectors
23
Strategic sector
Shift from an endured situation
to a mindset partnership
Contact :
Thank
You
Pascal
DUPEYRAT
24
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Mergers & acquisitions and strategic sector

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This presentation by Pascal Dupeyrat is acknowledging the fact that when you try to make an M&A deal, there may be a third party at the table if/when it is considered as part of the strategic sector.

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Mergers & acquisitions and strategic sector

  1. 1. Auteur : Date : Conférence Pascal DUPEYRAT October 31th 2013 Mergers & Acquisitions and Strategic Sectors 1
  2. 2. Mergers & Acquisitions and Strategic Sectors Usual business 2 Strategic sector Unusual businessMergers, Acquisitions, Investments
  3. 3. State's specific powers 3 Refusals Negotiated agreements Cancellation Monetary sanctions Authorization Mergers & Acquisitions and Strategic Sectors
  4. 4. Mergers & Acquisitions and Strategic Sectors Ceramic pan 4 Am i dealing with a strategic sector ? Armored vehicle Chinese Government
  5. 5. Mergers & Acquisitions and Strategic Sectors 5 Datas Customer/Military
  6. 6. Mergers & Acquisitions and Strategic Sectors 6 Por k Smithfield Food Security Shuanghui International
  7. 7. Mergers & Acquisitions and Strategic Sectors 7 More and stronger legislation
  8. 8. Mergers & Acquisitions and Strategic Sectors 3 consequences of the presence of strategic sectors : 8 Specific M & A Specific monitoring issues Specific management
  9. 9. 01 Specific Mergers & Acquisitions 9
  10. 10. Specific Mergers & Acquisitions What makes a merger/acquisition in a strategic sector specific ? 10 Need for an administrative authority
  11. 11. Specific Mergers & Acquisitions Administrative authority with unique features 11 Regulations open to broad interpretation Non-public case law High sensitivity to political factors Incestuous State controls Unclear means of appeals
  12. 12. 0 2 Specific Monitoring Issues 12
  13. 13. Specific Monitoring Issues 13 In legal terms: - Foreign investment ? The core issue : determining the nature of the transaction - Takeover ?
  14. 14. Specific Monitoring Issues 14 In institutional terms: - Sector outside or within the scope of public policy ? - Strategic sector ?
  15. 15. 0 3 Specific Management 15
  16. 16. Specific Management 3 levels of management: 16 Administrative management : Filing the authorization application Waiting for authorization
  17. 17. Specific Management 17 Strategic management : Anticipating the forces at play Reducing any competitive risk
  18. 18. Specific Management 18 Offensive management : Involving the state Sanctuarise the transaction
  19. 19. Conclusion 19
  20. 20. Mergers & Acquisitions and Strategic Sectors 20 Source UNCTAD FDI trend
  21. 21. Mergers & Acquisitions and Strategic Sectors Geoconomics trends : 21 Shift in the financial balance of power : - Multinational corporations - Investment funds - Sovereign funds
  22. 22. Mergers & Acquisitions and Strategic Sectors 22 Huge competition for access to: - Rare commodities - Critical infrastructures - Strategic technologies - Key ressources
  23. 23. Mergers & Acquisitions and Strategic Sectors 23 Strategic sector Shift from an endured situation to a mindset partnership
  24. 24. Contact : Thank You Pascal DUPEYRAT 24

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