The Latin American Lawyer September 2018 LATAM MAGAZINE SEPT18 | Page 7

News advised on 25 per cent more deals in the first half of 2018 compared to the previous year, according to Mergermarket. “Some large deals have already been announced and there are others under negotiation so the pipeline is encouraging,” he says, noting transactions involving publicly-traded companies have increased, as has the complexity of deals. Meira adds that deals are being driven by a diverse range of investors: “We see Asian— primarily Chinese—and European investors pursuing growth opportunities in Brazil,” he says. “US investors are also present, but participation is at lower than historical levels – sovereign funds and private equity firms are also important players.” Private equity firms, both from the US and Europe, are making a significant number of acquisitions in Latin America, according to Cerezo. He says Latin America-based family groups and their subsidiary companies are continuing to expand, further fuelling M&A activity. “Many of these groups have outgrown their home markets and have aggressively expanded regionally and globally,” Cerezo explains. “Their appetite for growth, in some instances effectively acting as private equity firms, is a trend that is significantly impacting the M&A market in Latin America.” Hedge funds driving deals In Mexico, private equity and hedge funds are driving transactional activity, says Iker Arriola, partner at Creel, García- Cuéllar, Aiza y Enríquez in Mexico City, a firm that, year- on-year advised on 29 per cent more deals in the first half of 2018. He adds that US, Canadian and Asian funds have shown the most interest in Mexico during 2018. Arriola expects M&A activity in Mexico to increase in the second half of the year, following a relatively small slowing of investment decisions due to uncertainty caused by the Mexican www.iberianlawyer.com/latin-america general election earlier this year as well as doubts about the North American Free Trade Agreement (NAFTA). With the current US administration pushing for changes in international trade, including the renegotiation of NAFTA – which covers Canada, Mexico, and the United States – there are concerns about the potential impact of these changes on the Mexican economy. Manuel Padrón, a partner at Baker McKenzie in Juárez, Mexico, believes it is a positive sign that the governments of Mexico and the United States reached an agreement on NAFTA in August 2018. However, he adds that “a bilateral agreement is insufficient for Mexico”. Padrón says the early signs point to some favourable terms for Mexico, for example, the dropping of the Trump administration’s demand that half of an automobile’s parts must be manufactured in the US. Other conditions that have been negotiated include a proposed rule that states 40 per cent of the vehicle should be manufactured by workers that receive a minimum wage of $16 per hour. With regard to agricultural goods, it seems Mexican products will not be adversely affected by the renegotiation of NAFTA and that standard international trade practices will be continued. Meanwhile, investors are demanding more from their legal advisers in Latin America, according to Meira, particularly in terms of accountability, availability, consistency, delivery, and team work. He notes that competition for high-end deals in Brazil is fierce and few law firms are able to completely satisfy client needs in highly complex deals. Meanwhile, Cerezo says global clients are also demanding more use of technology and increased global integration of legal advisers. News in brief Holland & Knight advises Fibra UNO on $500m debt issuance Holland & Knight advised Mexican real estate investment trust Fibra UNO (FUNO) on a $500 million debt issuance, which was registered on the Mexican Stock Exchange. FUNO is a real estate investment trust, with 230 billion pesos ($12 billion) of real estate assets under management, and around 22.4 billion pesos ($1.2 billion) of projects in the pipeline. Marval acts for Posco on $280m Argentinian lithium mining rights deal Marval, O’Farrell & Mairal advised South Korean steelmaker Posco Corporation on the acquisition of mining rights in Argentina from Australian lithium mining companies Galaxy Resources Limited and Galaxy Lithium for $280 million. The deal represents the first step in Posco’s plans to develop Sal de Vida, a large-scale, as yet undeveloped, lithium borate project. Clifford Chanc e advises on Mexico solar project financing Clifford Chance acted for 174 Power Global as sponsor in the project financing of Laguna Solar, a 101-megawatt solar photovoltaic plant planned for the northern state of Coahuila. The company 174 Power Global is an affiliate of Hanwha Group, a South Korean renewable energy business. Clifford Chance’s team included partner Fabricio Longhin, senior associate Alberto Haito and associates Alan Sakar Azuara and Eli Keene. Gaona signs strategic alliance with Otárola & Prialé in Peru Spanish law firm Gaona Abogados BMyV’s Peruvian office has signed a strategic alliance with Otárola & Prialé Abogados. September 2018 • THE LATIN AMERICAN LAWYER • 5