Disruptive forces continue to shape global markets, and Taiwanese businesses can take advantage of opportunities emerging amid these transformative trends.
Strong fundamentals drive US dealmaking despite macro-economic and political uncertainties. First-half activity remains on a par with 2016 as strong fundamentals continue to drive M&A.
Though US M&A faced challenges in H1 2017, the figures show that the market is active and vibrant. There were 2,413 deals worth US$588.5 billion recorded in H1 2017, up 0.5 percent by value compared to US$585.4 billion registered in H1 2016. If activity continues at its current level, US dealmaking is on track for another strong year.
Ey an-analysis-of-trends-in-the-us-capital-marketsJulien Boucher
EY’s recently released white paper, Looking behind the declining number of public companies, documents the strength of the US public equity markets and growing influence and use of private capital, as part of the ongoing policy debate regarding the strength of the US IPO and public company markets.
Corporate and shareholder sentiment towards MA has rebounded since the dark days of 2008. Low borrowing costs have coaxed many new buyers, including acquisitive Chinese conglomerates, into the market. The prices of prized assets have risen accordingly. It remains a sellers market in technology-driven deals, particularly in the consumer-goods, financial services, and media and telecommunications sectors.
Corporate borrowing activity in the second quarter was robust, particularly in the middle-market, which exceeded the record volume seen in the first quarter. Supply and demand for middle-market credit became more balanced, as opportunistic issuers came to market and/or increased issuance size. Near team market conditions remain compelling for middle-market issues as borrowers are capitalizing on strong institutional appetite by pursing favorably crafted deals for acquisition, recapitalization and growth financing.
Capital Markets Industry Insights - Fall 2016Duff & Phelps
Middle-market issuers were greeted by strong demand this quarter from mainstream credit sources as well as those seeking higher degrees of risk and return. Macroeconomic fundamentals continued to improve, though the focus remained on monetary policy. With an increasingly stark dichotomy of views at the Federal Reserve, volatility persisted in anticipation of clearer guidance on the pace and timing of rate hikes.
Strong fundamentals drive US dealmaking despite macro-economic and political uncertainties. First-half activity remains on a par with 2016 as strong fundamentals continue to drive M&A.
Though US M&A faced challenges in H1 2017, the figures show that the market is active and vibrant. There were 2,413 deals worth US$588.5 billion recorded in H1 2017, up 0.5 percent by value compared to US$585.4 billion registered in H1 2016. If activity continues at its current level, US dealmaking is on track for another strong year.
Ey an-analysis-of-trends-in-the-us-capital-marketsJulien Boucher
EY’s recently released white paper, Looking behind the declining number of public companies, documents the strength of the US public equity markets and growing influence and use of private capital, as part of the ongoing policy debate regarding the strength of the US IPO and public company markets.
Corporate and shareholder sentiment towards MA has rebounded since the dark days of 2008. Low borrowing costs have coaxed many new buyers, including acquisitive Chinese conglomerates, into the market. The prices of prized assets have risen accordingly. It remains a sellers market in technology-driven deals, particularly in the consumer-goods, financial services, and media and telecommunications sectors.
Corporate borrowing activity in the second quarter was robust, particularly in the middle-market, which exceeded the record volume seen in the first quarter. Supply and demand for middle-market credit became more balanced, as opportunistic issuers came to market and/or increased issuance size. Near team market conditions remain compelling for middle-market issues as borrowers are capitalizing on strong institutional appetite by pursing favorably crafted deals for acquisition, recapitalization and growth financing.
Capital Markets Industry Insights - Fall 2016Duff & Phelps
Middle-market issuers were greeted by strong demand this quarter from mainstream credit sources as well as those seeking higher degrees of risk and return. Macroeconomic fundamentals continued to improve, though the focus remained on monetary policy. With an increasingly stark dichotomy of views at the Federal Reserve, volatility persisted in anticipation of clearer guidance on the pace and timing of rate hikes.
First in a two-part Blog on the Rare Earths (RE) sector, a Black Swan event and the impact of a United States (US) potential new Republican Administration.
Welcome to the Cushman & Wakefield Atlas Outlook 2016,
an update on the International Investment Atlas that reviews
how the market performed last year and, more particularly,
what we should anticipate for the year ahead.
We have examined a series of questions when approaching this publication:
what are the key forces driving and transforming the global market? Who will be
the winners in this volatile environment? How should a subsequent investment
strategy be most advantageously aligned?
Of course, in a highly uncertain but fast changing world, the need for insightful
research is increased – but the task of delivering a robust and well-considered
view is made more difficult. By bringing together expert opinion from across our
capital markets, occupier and research teams around the world, we have sought
to answer this challenge and hope you agree we have delivered a concise but
thoughtful review of the state of the market and the outlook for the year ahead.
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Access to this presentation has been made possible through "Sao Bien. Room for Education", an Austrian-based non-profit organization and cooperation partner of Viet Dragon Securities.
Reprinted with the permission of Viet Dragon Securities. Not for US investors.
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23, 2016, to leave the European Union (EU). The national vote’s result surprised global markets and caused
immediate turmoil. As the UK has a large and traditional financial market and is a gateway to the EU for
international investment and trade, people have much fear, which has caused serious recession all over the world.
Japan, which has taken advantage of the relationship between Japan and UK and between the UK and EU, is not
an exception. This paper examines the impact of Brexit on Japanese activity in the UK and EU. The gravity
model of international trade was employed for empirical analysis. This model states that bilateral trade flows
based on the economic sizes and distances between two units can be used to examine reasons for international
trade. Empirical analysis in this paper indicates that Brexit has impacted Japanese international trade considering
the relationship between the UK and EU.
For all those that missed out last month in Chicago, we’ve crafted a full round up of our 3PL Summit & CSCO Forum. There’s coverage of the major sessions at the event, as well as up-to-date market research on the latest trends set to impact the industry.
Presentation by David Smith of the Sunday Times at the Single Ply Roofing Association Conference 2019 at Heythrop Park, Oxfordshire.
More information:https://spra.co.uk/events/spra-awards-2019-live-blog/
First in a two-part Blog on the Rare Earths (RE) sector, a Black Swan event and the impact of a United States (US) potential new Republican Administration.
Welcome to the Cushman & Wakefield Atlas Outlook 2016,
an update on the International Investment Atlas that reviews
how the market performed last year and, more particularly,
what we should anticipate for the year ahead.
We have examined a series of questions when approaching this publication:
what are the key forces driving and transforming the global market? Who will be
the winners in this volatile environment? How should a subsequent investment
strategy be most advantageously aligned?
Of course, in a highly uncertain but fast changing world, the need for insightful
research is increased – but the task of delivering a robust and well-considered
view is made more difficult. By bringing together expert opinion from across our
capital markets, occupier and research teams around the world, we have sought
to answer this challenge and hope you agree we have delivered a concise but
thoughtful review of the state of the market and the outlook for the year ahead.
Some forecasts about Mergers and Acquisitions for 2018Suzzanne Uhland
Mergers and acquisitions of companies are one of the alternatives within the possible investment strategies that a company may follow in order to fulfill its traditional mandate to maximize the benefit for its shareholders. What can be expected from mergers and acquisitions during the next year? Let's see.
Capital Markets Insights – Late Fall 2018Duff & Phelps
What’s been an increase in growth and acquisition-related financings and recapitalization transactions? Read the fall edition of Duff&Phelps’ Capital Markets Insights.
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Brought to you by the Financial Institutions Team of Mercer Capital, this monthly newsletter is focused on bank activity in five U.S. regions. Bank Watch highlights various banking metrics, including public market indicators, M&A market indicators, and key indices of the top financial institutions, providing insight into financial institution valuation issues.
Slide pack for the Ulster Bank NI PMI, May 2016, including analysis of Global, Eurozone, UK, UK Regions, NI & Republic of Ireland economic performance by sector
Ulster Bank Northern Ireland PMI Slide Pack August 2016Richard Ramsey
Slidepack for the Ulster Bank Northern Ireland PMI, August 2016 including analysis of global, Eurozone, UK, UK regions and Republic of Ireland economic performance by sector
Rong Viet Securities - Investment Strategy June 2018Thomas Farthofer
In their recently published strategy report for June 2018, our partner Rong Viet explains why, despite a severe correction in the stock market during April and May, investors are in no need to rush in to buy massively. Still, valuations now appear more reasonable and it seems that it is time to gradually accumulate stocks.
Access to this presentation has been made possible through "Sao Bien. Room for Education", an Austrian-based non-profit organization and cooperation partner of Viet Dragon Securities.
Reprinted with the permission of Viet Dragon Securities. Not for US investors.
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23, 2016, to leave the European Union (EU). The national vote’s result surprised global markets and caused
immediate turmoil. As the UK has a large and traditional financial market and is a gateway to the EU for
international investment and trade, people have much fear, which has caused serious recession all over the world.
Japan, which has taken advantage of the relationship between Japan and UK and between the UK and EU, is not
an exception. This paper examines the impact of Brexit on Japanese activity in the UK and EU. The gravity
model of international trade was employed for empirical analysis. This model states that bilateral trade flows
based on the economic sizes and distances between two units can be used to examine reasons for international
trade. Empirical analysis in this paper indicates that Brexit has impacted Japanese international trade considering
the relationship between the UK and EU.
For all those that missed out last month in Chicago, we’ve crafted a full round up of our 3PL Summit & CSCO Forum. There’s coverage of the major sessions at the event, as well as up-to-date market research on the latest trends set to impact the industry.
Presentation by David Smith of the Sunday Times at the Single Ply Roofing Association Conference 2019 at Heythrop Park, Oxfordshire.
More information:https://spra.co.uk/events/spra-awards-2019-live-blog/
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With the recent Brexit developments, there is a sense of uncertainty amongst the investment management industry. This webinar will take a deep dive into the implications of the United Kingdom’s decision to leave the European Union while also highlighting the changes and opportunities that will play out in the industry over the coming months. Gain a better understanding of how Brexit will impact you personally and what you need to do to prepare for the future.
The United Kingdom’s post-Brexit future is uncertain. But one thing is clear: boosting economic growth will depend heavily on addressing long-standing productivity challenges.
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2. II
Contents
Executive summary
Page 1
Taiwan M&A has
strong Q1 after a
robust 2016
Page 2
WhatTaiwanese
businesses need to
know about Brexit
Page 5
A tale of two trade
agreements,Trump
andTaiwan
Page 6
Future antitrust
merger enforcement
in the United States
Page 8
Current Asia-Pacific
financing trends:
Key issues and
opportunities
Page 10
3. 1Taiwan: Cross-border opportunities amid global change
Noah A. Brumfield
Taiwan Country Practice Head
R
apidly changing political, economic and other factors in markets around the world all have
the potential to disrupt Taiwanese companies engaged in cross-border business.
The UK’s decision to “Brexit” from the European Union, the uncertain enforcement
priorities of a new US presidential administration, potential policy shifts in China and recent
upheavals in Asian multinational trade agreements create challenges for Taiwanese businesses
venturing nearly everywhere in today’s increasingly complex, fragmenting world. These are just a
few of the volatile forces affecting cross-border business.
Yet opportunities exist amid the global uncertainties. Both inbound and outbound Taiwanese
M&A activity has remained strong so far in 2017. The Asia-Pacific region, more broadly, recorded
its highest-ever private equity (PE) buyout value in 2016. Recent financing transactions throughout
the Asia-Pacific region highlight some intriguing trends. And just as the US is pulling out of the
Paris Climate Agreement, Taiwan and other countries are expanding their investments in renewable
energy and related technology. Groundbreaking technological advances are adding value in nearly
every industry sector. Current developments, moreover, could be creating the right conditions for
Taiwan to negotiate new trade agreements.
For Taiwanese businesses, the implications of these and other global changes are broad. Here
is a quick glimpse of several risks and potential opportunities we currently see ahead on the
near horizon.
Executive summary
Disruptive forces continue to shape global markets,
and Taiwanese businesses can take advantage of the
opportunities emerging amid these transformative trends
4. 2 White & Case
T
he 2017 kickoff in Taiwan
M&A showed the second-
highest Q1 deal volume
since Q1 2010, with 13 deals
(Figure 1). This matched the Q1
2016 total—which itself was a
busy year for M&A in Taiwan.
Last year’s volume of 52 deals
was roughly on par with 2015’s
55-deal volume. But the aggregate
deal value in 2016, which reached
US$12.9 billion, was the third-highest
on record, behind 2009 (US$20 billion)
and 2006 (US$17 billion) (Figure 2).
Over the past 15 months, the
technology, media and telecom
(TMT) sector dominated deal flow
for Taiwan-based targets, with
25 deals worth US$11.7 billion
(Figure 3).
Driven by consolidation in the
semiconductor market, the TMT
deal flow featured the three largest
Taiwan inbound M&A deals in 2016.
US-based Micron Technology took
control of the remaining 67 percent
stake it did not already own in
Taiwan’s Inotera Memories, for
US$3.6 billion. Taiwan’s Advanced
Semiconductor Engineering agreed
to acquire the 67 percent stake it
did not already own in its domestic
counterpart Siliconware Precision
Industries for US$3.4 billion. And
Netherlands-based ASML Holding
agreed to acquire Taiwan’s Hermes
Microvision for US$2.8 billion.
Outbound activity from Taiwan
also hit a record high in 2016, with
37 deals worth US$5.5 billion
Spurred by semiconductor company consolidations,
TMT activity dominated Taiwan’s inbound and outbound
dealmaking in Q1 2017
Taiwan M&A has strong Q1
after a robust 2016
(Figure 4). TMT activity also
dominated outbound activity, with
17 deals worth US$4.1 billion. By
value, the most important outbound
market was Japan, with two deals
totaling US$2.5 billion, while volume
was highest in the United States
(nine deals worth US$900 million)
and China (eight deals worth
US$600 million).
In the largest outbound deal
from Taiwan, a consortium
comprising Hon Hai Precision
Industry, Foxconn Technology and
SIO International Holdings agreed
to acquire a 66 percent stake in
Japan’s Sharp for US$2.5 billion.
By Noah A. Brumfield and Chang-Do Gong
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 YTD
0
6
12
18
24
Source: White & Case’s M&A Explorer powered by Mergermarket
Figure 1: M&A activity by volume Q1 2009 – Q1 2017
Deal value (US$ billion)
The 2017 kickoff in Taiwan
M&A showed the second
highest Q1 deal volume since
Q1 2010, with 13 deals.
5. 3Taiwan: Cross-border opportunities amid global change
0 3 6 9
Leisure
Pharma, medical and biotech
Consumer
Business services
Energy, mining and utilities
Real estate
TMT
Industrials and chemicals
Financial services
Source: White & Case’s M&A Explorer powered by Mergermarket
Figure 3: Top Taiwan target sectors by value 2016 – 2017 (YTD)
Deal value (US$ billion)
Source: White & Case’s M&A Explorer powered by Mergermarket
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 YTD
0
1.5
3
45
6
.
Figure 4: M&A activity by value 2006 – 2017 (YTD) (excluding domestic deals)
Deal value (US$ billion)
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 YTD
0
6
12
18
24
Source: White & Case’s M&A Explorer powered by Mergermarket
Figure 2: M&A activity by value 2006 – 2017 (YTD)
Deal value (US$ billion)
6.
7. 5Taiwan: Cross-border opportunities amid global change
UK’s departure from the EU will
not change any aspect ofTaiwan’s
trade directly into the remaining EU
member countries.
Similarly,Taiwan’s cross-border
trade directly into the UK may remain
unchanged for a while. At least in the
beginning, the UK is likely to keep
similar external tariffs and schedules
in place.
The main area of complication
forTaiwanese businesses to watch
closely is cross-border trade indirectly
into the UK via Europe.
This indirect trade route into
the UK likely will become more
complicated post-Brexit, even if
there is a UK-EU deal. And if no
deal results, there is the potential
for a more significant disruption of
trade, especially as new systems
are put in place. For example, if your
company or an entity you invest in
currently ships goods to the UK
after delivering, manufacturing or
adding value to those goods in an
EU country, then this may be a good
time to review alternative options.
As the Brexit proceedings begin
to unfold, think carefully about
your supply chain indirectly into the
UK. Beyond that, they are unlikely
to create immediate concerns for
Taiwanese business.
S
ince the United Kingdom
(UK) joined the European
Union (EU) 44 years ago,
the UK and the EU had been
working to progressively integrate
their legal, economic and financial
systems. Then last year, UK
voters opted to “Brexit” from
Europe. And in March 2017, the
UK formally triggered the Article
50 process to begin negotiations
for Brexit—thus launching one of
the most complicated divorces in
world history.
The news has been full of
confusing, sometimes speculative
discussions of how Brexit could
affect cross-border businesses.
To help make sense through
the noise, here is a brief summary
of what is happening with Brexit
and the impact it could have on
Taiwanese businesses.
BREXIT IN A NUTSHELL
The UK is now scheduled to leave
the EU by March 2019. There are
two likely ways for it to do this.
The first exit option is that the
UK would stop being an official
EU member, but would agree on
transitional arrangements and a
future relationship with the EU, with
the aim of minimal disruption to the
current UK-EU integration.
While that would be tough to
achieve, it would be possible for
the UK and EU to negotiate a deal
over the next 18 months or so. This
would involve compromising on a
difficult set of issues, including the
legal and financial consequences
and the details of what the future
relationship between the UK and
the EU would look like. Given the
unprecedented complexity of this
deal, there is a significant chance
that the EU and UK will not be able
to agree on all relevant details by
March 2019.
In addition, political considerations
are likely to play a significant role
here and could prevent a deal even
if the technical negotiations were
bearing fruit. For political reasons,
the UK government has ruled out
accepting free movement of people
and the legal jurisdiction of the
European Court of Justice post-
Brexit, which makes a compromise
more difficult. At the same time,
EU leaders will not wish to let the
UK just ”walk away” from the EU
while retaining all economic benefits
of membership.
The second exit option would
involve severing the UK’s trading
relationship with the EU through
a “hard” exit. In this case, the UK
would trade with the EU—and the
rest of the world—on the basis
of the rules of the World Trade
Organization (WTO). The UK has said
that it intends to maintain the WTO
commitments that it currently offers
as an EU member.
WTO rules currently provide the
basis for key trading relationships
around the world, including between
the EU and the United States. After
a hard Brexit, the WTO framework
would cover most (though not all)
aspects of trade between the UK
and the EU and other WTO member
countries, like Taiwan. The UK would
then need to build on WTO rules
through new free trade agreements
and address some tricky WTO
issues as a consequence of its exit
from the EU.
WHAT BREXIT MEANS
FOR TAIWAN
ForTaiwanese businesses, no matter
what type of scenario results from
the current Brexit negotiations, the
As the Brexit proceedings
begin to unfold, think carefully
about your supply chain
indirectly into the UK.
What Taiwanese businesses
need to know about Brexit
By James Killick
Europe’s complicated geopolitical “divorce” may affect
cross-border commerce
8. 6 White & Case
C
ompared to its neighbors,
Taiwan is party to very few
trade agreements. This
puts Taiwan at risk of an increasing
competitive disadvantage in
global trade and investment. For
this reason, new developments
in 2017 with the Trans-Pacific
Partnership (TPP) and the Regional
Comprehensive Economic
Partnership (RCEP) agreements
present some important challenges
and opportunities for Taiwan.
WHAT DOES US WITHDRAWAL
MEAN FOR THE TPP
AND TAIWAN?
One of the Trump Administration’s
first actions earlier this year was to
withdraw from the TPP, explaining it
will focus instead on bilateral trade
agreements, which it believes will
yield better terms for the US.
Initially, this appeared to end
all prospects for the TPP, which
Japan’s prime minister said made
no sense without the US. However,
the remaining 11 parties to the
TPP, who spent more than 10 years
negotiating the US-led agreement,
recently agreed to “assess options”
for bringing a “TPP-11” into force
without the US, even though the
volume of trade among the TPP-11
would be barely a quarter of what it
would have been under the original
TPP. Japan, in particular, changed
course and is leading the effort
for a TPP-11 with New Zealand. A
key challenge to this effort will be
that developing TPP countries like
Vietnam and Malaysia, which agreed
to concessions in the TPP on the
condition that they would obtain
improved access to US markets,
have demanded renegotiation of
the TPP-11 to realign the balance of
costs and benefits without the US.
No matter what happens with the
TPP itself, some of its achievements
are likely to carry over into new US
bilateral agreements and possibly
other multilateral agreements. For
example, TPP-like services and
e-commerce chapters may be
included in the multilateral Trade
in Services Agreement (TiSA)
currently under negotiation. And
TPP-inspired provisions for trade in
goods, services, IP or investment
could become part of an upgraded
RCEP agreement.
For Taiwan, these new
developments are relevant in two
key respects.
First, if Japan is successful in its
efforts to revive the TPP, a second
tranche of countries may have
an opportunity to join the TPP—
including Taiwan. Joining the TPP
would deliver unique benefits for
Taiwan, which could attain state-of-
the-art market access and investor
protections with 10 countries
with which it now has no free
trade agreement.
Second, current conditions could
be right to negotiate a US-Taiwan
bilateral free trade agreement, as the
US looks for willing partners in the
region, thereby opening one of the
largest economies to Taiwan exports
and facilitating US investment
into Taiwan.
A tale of two trade
agreements, Trump
and Taiwan
14th
Taiwan ranks
14th in the
world for global
competitiveness.
2016-2017 Global
Competitiveness
Index,World
Economic Forum
HOW DOES THE RCEP COMPARE
TO THE TPP?
The RCEP is often described,
inaccurately, as a China-led
agreement competing with the
TPP for influence in Asia. In fact,
the RCEP is largely an initiative led
by the Association of Southeast
Asian Nations (ASEAN). It joins
together ASEAN members and the
six countries with which ASEAN
has existing free trade agreements:
Australia, New Zealand, Japan,
China, India and Korea.
The TPP and the RCEP both
strive to establish a harmonized,
predictable and preferential set of
regional trade rules that provide
incentives for businesses to locate
supply chains within the covered
region. Both aspire to be pathways
to an Asia-wide agreement under the
auspices of Asia-Pacific Economic
Cooperation (APEC) called Free Trade
Area of the Asia-Pacific (FTAAP).
Key membership differences
between the TPP and the RCEP
are that the United States, Canada,
Mexico, Peru and Chile were
TPP—but not RCEP—parties, while
China, India and Korea and most
ASEAN countries, including Thailand,
Indonesia and the Philippines, are
RCEP—but not TPP—parties. In
addition, the RCEP is still under
negotiation, whereas the TPP has
been signed and awaits ratification.
The TPP is viewed as a “high
standard,” “transformational”
agreement with ambitious provisions
unlikely to be in the RCEP covering
state-owned enterprises (SOEs),
US$84.9
billion
Taiwan-US goods
and services
trade totaled
approximately
US$84.9 billion
in 2016.
Office of the
USTrade
Representative
By Christopher F. Corr
Recent international developments could impact Taiwan’s
global competitiveness while opening opportunities for new
trade negotiations in the Asia-Pacific region
9. 7Taiwan: Cross-border opportunities amid global change
the digital economy, intellectual
property, investment, regulatory
due process, transparency, labor
and the environment. Some TPP
provisions are aimed at China on the
expectation that it would eventually
join the TPP (such as disciplines on
SOEs and investment restrictions,
protection of encryption products,
prohibitions on “made in China”
performance mandates and forced
disclosure of source code, and
penalties for trade secret theft
and hacking).
The current target for completing
the RCEP is by ASEAN’s 50th
anniversary in November 2017. That
goal now seems unrealistic, because
developed countries seeking higher
standard RCEP provisions are at
odds with developing countries
focusing mainly on lower duties. At
the same time, countries like India
are reluctant to open their markets
to imports from China.
These trends were on display at
the May 2017 APEC trade ministers
meeting in Hanoi as ASEAN
countries and China pressed ahead
on RCEP, Japan and New Zealand
pushed for TPP-11 and called for a
“high quality” RCEP, and the US
sought only bilateral consultations.
HOW COULD THESE
RECENT DEVELOPMENTS
AFFECT TAIWAN?
If the RCEP is completed and
ratified, businesses from non-RCEP
countries like Taiwan (and the US)
will likely be at a disadvantage in
competing for business within the
RCEP region and in competing
for supply chain investment
opportunities in Asia. While the
US will likely ignore the RCEP for
domestic political reasons, Taiwan
may be prevented from joining the
RCEP due to China’s policy.
Taiwan’s chances of joining the
TPP may be better. But if the TPP
is not revived, Taiwan could be left
outside looking in as the Asia-
Pacific region becomes ever more
interconnected via preferential trade
and investment networks.
Economic forecasts had predicted
that non-TPP ASEAN countries
would suffer declines in exports,
investment and GDP relative to
competing regionalTPP-party
countries. If the RCEP is successfully
completed, non-RCEP countries
in Asia, includingTaiwan, are
likely to face a similar competitive
disadvantage. For example, Korea
provides a pointed contrast toTaiwan.
Although both countries share similar
export mixes and markets, Korea’s
export performance significantly
outpacedTaiwan’s from 2010 to 2016
(5.3 percent vs. 1.4 percent).This is
true even though Korea’s chaebols
remain unreformed, its labor rates
are higher thanTaiwan’s, and its
currency is less competitive.The
likely explanation is Korea’s entry into
numerous free trade agreements, as
well as its advantage in global brands.
Taiwanese businesses should
encourage Taiwan’s government to
aggressively pursue opportunities
to engage in trade negotiations in
the Asia-Pacific region, use their
business contacts to build bridges
to the various RCEP countries and
support the FTAAP.
#10
Taiwan wasthe US’
10th-largest goods
-trading partner
(US$65.4 billion
in total two-way
goods traded)
in 2016.
Office of the
USTrade
Representative
10. 8 White & Case
W
hat does the 2016 US
presidential election
mean for antitrust policy
in the United States? Less than six
months into the new administration
of Donald J. Trump, what do we
know about the president’s antitrust
merger enforcement priorities? What
can we expect from US antitrust
agencies in the years ahead?
During the preceding Obama
administration, the US antitrust
agencies pursued a relatively
aggressive merger enforcement
posture, often in parallel with the
European Union’s approach to global
clearances. This continued a trend
of apparently more aggressive
government challenges to proposed
mergers that began under recent
US presidents.
With the election of President
Trump, the antitrust community
has debated the question of how
antitrust enforcement under the
Trump administration might differ
from that of past administrations.
Many antitrust practitioners have
expressed concerns about the future
of antitrust merger enforcement in
the US. Some point to statements
and actions by President Trump as
evidence that his administration
might incorporate the populist
themes he communicated on the
campaign trail into his antitrust
enforcement. Others insist the
differences will be small and
amount to little more than a
slight course change to a less-
interventionist approach, generally
in line with the posture of past
Republican administrations.
For Taiwanese businesses
interested in conducting or financing
any transactions that could receive
merger review and antitrust scrutiny
in the US, battle lines are already
being drawn on a number of key
topics that will affect how you may
do business in the US.
While much remains unclear
about how the new US president
and new leadership at both the US
Department of Justice (DOJ) and
the Federal Trade Commission (FTC)
will impact US merger enforcement,
here is what we know so far—and
the many questions that still remain.
LESS INTERVENTIONIST
APPROACH TO MERGER
ENFORCEMENT IS LIKELY
The new Trump administration has
not yet filled several high-level
antitrust enforcement positions.
However, signs of a relatively
traditional, less interventionist
approach to antitrust enforcement—
similar to past Republican
administrations—is beginning
to emerge.
President Trump’s antitrust
nominees so far, including
individuals to serve as Acting
Director and Acting Chairman for
the FTC’s Bureau of Competition
and as head of DOJ’s Antitrust
Division, appear likely to pursue their
enforcement objectives through a
policy of “regulatory humility,” which
Future antitrust merger
enforcement in the
United States
Under the new administration,
will antitrust officials feel
pressure to consider public-
interest issues, like jobs, as a
factor in merger review?
By George L. Paul and Daniel J. Rosenthal
The new US administration’s antitrust enforcement priorities
remain unclear, but signs of a less interventionist approach
are beginning to emerge
promotes the idea that markets
should be free of “unnecessary”
regulation. These new antitrust
leaders have expressed the belief
that governmental intervention
and merger review must include a
rigorous application of economics
before considering whether to
challenge a transaction.
UNPRECEDENTED POTENTIAL
FOR DIRECT PRESIDENTIAL
INVOLVEMENT
President Trump has not been shy
about making his views known
directly to the public, including
through his Twitter account, to
an unprecedented degree. His
supporters have praised this
willingness to share his opinions
with the public in such a direct and
seemingly impromptu way. But how
will US antitrust enforcers react if
the president praises or strongly
11. 9Taiwan: Cross-border opportunities amid global change
opposes a proposed deal (perhaps
with a highly negative label like “Bad.
A Job Killer”)?
Certain transactions—especially
ones involving current hot-button
political issues—could attract
particular scrutiny from this
president. In fact, antitrust officials
could feel explicit pressure to
consider public-interest issues, like
jobs, as a factor in merger reviews.
Will the Trump administration
attempt to weigh jobs as part of
the overall merger review process?
OTHER KEY QUESTIONS
Current antitrust leadership
at the DOJ and the FTC have
expressed a renewed focus on
intellectual property rights. What
role will antitrust enforcers play
in preserving and encouraging
innovation? This is a major issue
that will be closely analyzed
under the Trump administration.
In addition, how will large global
transactions fare under the Trump
administration, given the “America
first” rhetoric promoted by the
president and some of his closest
advisors? Recent years had seen
a steady increase in international
antitrust agency cooperation. Will
it continue?
These and other issues add to
the many unknowns surrounding
how theTrump administration and
its antitrust leadership will conduct
themselves when it comes to
antitrust merger enforcement. Only
time will tell. However, most signs
indicate that theTrump administration
will most likely pursue traditional
objectives similar to those of his
Republican Party predecessors.
US$7.0
billion
Taiwan’s foreign
direct investment
in the US (stock)
was US$7.0 billion
in 2015, up 14.1%
from 2014.
Office of the
USTrade
Representative
12. 10 White & Case
#16
Taiwan is the
highest-ranked
country in
Asia (16th in
the world) for
entrepreneurship
2017 Global
Entrepreneurship
Index, Global
Entrepreneurship
and Development
Institute.
US$140
billion
In 2016, Chinese
companies spent
US$140 billion on
global acquisitions,
almost double the
record set in 2015.
China’s rise in
global M&A,
White & Case LLP
relationships with regional banks in
Asia. In particular, Chinese financial
institutions have been providing a
significant amount of the leverage
required in PE-sponsored deals, as
well as traditional LBO products,
margin financing, dividend recaps
and other forms of liquidity. Their
coverage has extended beyond
China or developed markets and into
Southeast Asian countries.
“ONE BELT, ONE ROAD”
China’s One Belt One Road initiative
(which includes its Maritime Silk
Road, Silk Road Economic Belt and
various other components) has
spurred an increase in infrastructure
and power projects in South
and Southeast Asia that require
financing. Through these and other
initiatives, China likely will be critical
in shaping the volume, value and
character of global investment
activity in the coming decade. As
expected, Chinese engineering,
procurement and construction (EPC)
contractors and exporters have
been the pathfinders in these new
emerging markets.
These activities have also had
an indirect impact generally on the
development of the financial and
other economic sectors in emerging
markets across South and Southeast
Asia. This, in turn, has spurred an
increased focus by Taiwanese banks
on developing their Southeast Asian
business, focusing on project, trade
and general corporate financings.
S
ignificant economic factors
and various government
policies have been driving
financing opportunities, financing
structures and the types of deals
that have recently closed and
are currently being conducted
throughout the Asia-Pacific region.
To help Taiwanese businesses and
financial institutions make strategic
growth decisions, here are our
observations on some key financing
trends in this region.
CHINESE OUTBOUND DIRECT
INVESTMENTS
Despite significant tightening of
mainland China’s outbound direct
investment (ODI) and foreign
exchange control policies starting
in late 2016, Chinese ODI remains
the largest source of financing
opportunities in North Asia.
Particular recent highlights include
ODI by non-state-owned Chinese
companies in TMT, manufacturing
and retail sectors, among others. We
also have been observing a marked
increase in Chinese ODI into Europe
and other parts of Asia, while US
ODI has slowed.
At the same time, there appears
to be a growing trend of privatization
of Hong Kong– and Singapore-
listed companies, including several
recent deals in the logistics
sector, by Chinese strategic
investors and international private
equity (PE) firms.
Given China’s tightening of its
ODI policy and foreign exchange
control policies, financings for ODIs
seem to be increasingly sourced
offshore from international banks,
Hong Kong affiliates of Chinese
financial institutions and alternative
capital providers. In particular, we
have noted a significant increase in
Hong Kong–based Chinese private
capital providers’ participation in
ODI financings.
CHINESE INBOUND DIRECT
INVESTMENTS
Although China has relaxed its
inbound foreign direct investment
(FDI) policy, we have yet to observe
a significant increase in offshore
financings for FDIs. Where FDI-
related financings are required, we
generally are seeing trade financings
such as receivables-backed
financings and offshore corporate
refinancings, occasionally secured
by commercial real estate in China.
In addition, an increasing number
of direct lending transactions
with Chinese entities (as opposed
to offshore holding company
financings) have recently taken
place, with a steady pipeline of FDI
financings in the clean energy, TMT
and financial institutions sectors.
PE-SPONSORED DEALS
PE sponsors have been increasingly
active throughout Asia.
Unlike a decade ago, when PE
sponsors relied on bulge bracket
investment banks to lead their
financing transactions, many PE
houses have now formed their own
Current Asia-Pacific
financing trends: Key
issues and opportunities
By David Li and Baldwin Cheng
A variety of financing deals are being conducted these days
throughout the region
13.
14. 12 White & Case
NY060517/TL/R/459215_10
Global
Noah A. Brumfield
Taiwan Country Practice Head
Partner, Silicon Valley/Washington, DC
T +1 650 213 0395
+1 202 626 3698
E nbrumfield@whitecase.com
Europe
James Killick
Partner, Brussels
T +32 2 239 25 52
E jkillick@whitecase.com
Asia
David Li
Partner, Beijing
T +86 10 5912 9789
E dli@whitecase.com
Baldwin Cheng
Partner, Hong Kong
T +852 2822 0405
E bcheng@whitecase.com
Christopher F. Corr
Counsel, Beijing/Washington, DC
T +86 10 5912 9600
+1 202 626 3613
E ccorr@whitecase.com
Americas
Chang-Do Gong
Partner, New York
T +1 212 819 7808
E cgong@whitecase.com
George L. Paul
Partner, Washington, DC
T +1 202 626 3656
E gpaul@whitecase.com
Daniel J. Rosenthal
Associate, Washington, DC
T +1 202 729 2512
E drosenthal@whitecase.com