2024.04.01 ISM Roundup

Written by
Gabriella Couloubaritsis
March 31, 2024

Canada Updates ISM 

Sources: ISED, McMillan 

Canada’s Bill C-34, An Act to Amend the Investment Canada Act, received Royal Assent, creating new authority for the ISED and Governor-in-Council. The government now can extend the national security review of investments, impose conditions during a national security review, accept undertakings to mitigate national security risk, and review any state-owned enterprise investment for net benefit. The amendment also adds new filing requirements, stronger penalties, clarification on the net benefit review factors, and the protection of information during judicial review. 

$766M USD Energy Merger Parties Report FIRB Clearance 

Sources: Viva Press Release, AFR, Petrol Plaza 

Viva Energy has received approval from the Foreign Investment Review Board to proceed with its acquisition of convenience chain OTR. The deal, first announced in April 2023, advances Viva Energy’s strategy to transform into a leading convenience and mobility business, leveraging OTR Group’s advanced convenience and quick service restaurant offering. Viva's acquisition of OTR Group creates the largest retail fuel network in South Australia, providing Viva with an extended network significantly larger than its next largest rival. Partly owned by commodities trader Vitol, Viva Energy operates a convenience and fuel network of almost 700 stores across Australia, and exclusively supplies Shell fuels and lubricants to a total network of more than 1,300 service stations. 

$11M Pharmaceutical Merger Parties Report Ongoing CFIUS Review 

Sources: 2024.02.04 ISM Roundup, SEC Filing 

Mustang Bio reported that the CFIUS has not yet concluded reviewing the sale of its Massachusetts commercial-scale CGT development, manufacturing, and analytical testing facility for $11M USD to uBriGene Biosciences, the U.S. subsidiary of uBriGene Group, a China-based cell and gene therapy contract development and manufacturing organization. Mustang reported that the firm will transition to a second 45-day phase as CFIUS further investigates the transaction. On March 28, CFIUS advised the Company that its investigation will be completed no later than May 13, 2024.  

U.S. Military Supplier Reports Ongoing CFIUS Review of $1.91B USD Deal 

Sources: 2024.02.19 ISM Roundup, SEC Filing 

Vista Outdoor Inc. announced that they have voluntarily withdrawn and re-filed their joint voluntary notice to CFIUS, giving CFIUS additional time to conduct diligence on the proposed acquisition. CFIUS’s acceptance of the re-filed joint voluntary notice has commenced a new review period. CSG and Vista Outdoor had originally filed a joint notice with CFIUS, which was accepted on December 28, 2023. The parties have already received their U.S. antitrust clearance and their UK NSI notification. Vista Outdoors, a U.S. firm designing and manufacturing American outdoor equipment, is aiming to sell its firearms and ammunition segment to CSG, the Ceska Zbrojovka Group SE, a Prague-based firm operating in defense, aerospace, ammunition, and mobility. Vista has several military contracts, including with the U.S. Army, U.S. Special Ops, and ICE/DHS. Some of these contracts are through 2028.