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Unit of study_

CLAW3206: Regulation of Mergers and Acquisitions

Mergers, acquisitions and takeovers are increasingly important strategies for Australian companies which raise significant legal issues. This unit aims to give students a sound understanding of the legal issues involved in mergers and acquisitions from both corporations law and competition law perspectives and their impact on commercial strategies. Competition issues under the Competition and Consumer Act 2010 (Cth), as well as corporate governance issues under the Corporations Act 2001 (Cth), are explored. Bid planning (including tactics involved in initiating a takeover bid and defensive strategies and tactics), directors duties, prohibited market conduct and the role of ASIC and the Takeovers Panel are also covered. This unit also considers mergers using schemes of arrangement.

Code CLAW3206
Academic unit
Credit points 6
CLAW1003 or CLAW2201 or CLAW2214

At the completion of this unit, you should be able to:

  • LO1. identify the legal framework which regulates the conduct of takeovers within the Australian jurisdiction in respect to both corporations law and competition law
  • LO2. define esoteric terms and interpret the legislative provisions and general law that regulates the conduct of takeovers
  • LO3. deploy the knowledge and comprehension as acquired to recognise and classify legal issues as they arise in various takeover scenarios
  • LO4. distill and categorise the issues in order to apply the correct law to arrive at a legally acceptable solution
  • LO5. consider and test the solution to confirm that it is legally acceptable and viable
  • LO6. design responses to the legal issues which effect solutions that are acceptable to the client, justifiable to the tribunal and the parties, and can be defended on the grounds of public interest where required, within the overall requirement of being compliant with the regulatory regimes
  • LO7. implement responses created to provide solutions to the proposed takeover or restructuring objectives.