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Privatization

The continued movement to privatization creates a series of challenges for governments around the world. With the strained state of public finances, and the condition of capital markets, many governments view privatizations as a realistic and relatively speedy way to raise much needed resources. However, in an era where finance is more costly or less available, identifying and securing bidders capable of acquiring and operating large formerly state run monopolies is a far harder task. In many cases, privatizations are raising less capital, with governments being forced to lower their financial expectations. 

Financial advisers are being engaged to widen the pool of potential bidders and they are increasingly looking beyond national boundaries. Indian, Chinese and Middle Eastern entities in particular have been prominent recent acquirers of privatize assets. This has sometimes provoked political tensions within a host country, forcing the acquirer to win over not just the host government but domestic sentiment too.

Telecoms companies, airlines and infrastructure have long been and remain popular areas for privatization. But as many countries move beyond this initial wave of privatizations, there is an increasing focus on more core assets such as energy, defense and essential utilities. These assets, frequently highly attractive to bidders, are usually also in highly regulated sectors. Bidders must equip themselves to comply with detailed regulatory environment and recognize the threats of the regulatory environment changing at a future time.

Maintaining control or leveraging other privatized businesses are often prerequisites, whether through a continuing equity interest, contractual rights, where permitted a 'golden share' or regulatory requirements (often overhauling and enhancing a major privatization).

Given the number of issues (financial, political, economic, regulatory and legal) that arise, it is important that parties to the privatization and their advisers remain alert to all the issues. In such a context, maintaining a spirit of partnership and mutual trust is often the most important ingredient to a successful privatization. 

Areas of Focus: 

  • Energy, Transport and Infrastructure
  • Financial Institutions and Funds
  • Government
  • Manufacturing
  • Real Estate and Hotels
  • Technology, Media and Telecommunications
Key Contacts Contacts

Richard Barham
Partner
London
D +44 (0)20 7246 7109
Email
richard.barham@snrdenton.com
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Paul Sheridan
Partner
Muscat
D +968 2457 3023
M +968 9934 3029
Email
paul.sheridan@snrdenton.com
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Full Team

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