News & Analysis as of

Risk Management Antitrust Provisions Mergers

A&O Shearman

Uncertain regulatory climate makes deal protections crucial

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Regulatory intervention levels are rising. The concerns of antitrust authorities and foreign investment (FDI) regulators are evolving and can be unpredictable. Allocation of merger control execution risk in deal documents...more

Goodwin

How to Navigate Deal Delays and Completion Uncertainty in an Era of Heighted Deal Complexity and Prolonged Interim Period

Goodwin on

Prolonged or failed M&A transactions can tie up capital, increase transaction costs, and delay returns of exit proceeds. Managing the interim period between signing and closing is increasingly critical in M&A transactions,...more

Epiq

Webinar Takeaways: Managing Antitrust Risk When Using Artificial Intelligence — a US Perspective

Epiq on

Artificial Intelligence (AI) can help corporations create operational efficiencies, enhance customer experiences, optimize business strategies, significantly reduce costs, and increase profitability. However, using AI tools...more

Skadden, Arps, Slate, Meagher & Flom LLP

Managing Deal Risks in a Challenging Regulatory Environment: Strategies and Deal Terms

The already complex business calculus that goes into a merger has become even more complicated in the past several years because of stepped-up government scrutiny. Major transactions have been blocked or abandoned in the face...more

Fenwick & West LLP

Antitrust Breakup Fees: 2023 Data and Key Takeaways for Future Dealmaking

Fenwick & West LLP on

Looking back at 2023 mergers and acquisitions (M&A) activity, antitrust-related breakup fees continued to be an important tool in allocating antitrust risk between deal parties. These typically take the form of a “reverse”...more

American Conference Institute (ACI)

[Event] 15th Annual Advanced Forum on Managed Care Disputes and Litigation - May 2nd - 3rd, Chicago, IL

ACI’s Advanced Forum on Managed Care Disputes and Litigation offers an unparalleled learning experience, specifically designed for the MCO legal community. Attend and develop winning legal strategies and business best...more

Skadden, Arps, Slate, Meagher & Flom LLP

2024 Insights: Corporate Trends

Global M&A Activity Endures Headwinds in 2023 and Displays Resilience Going Into 2024 - Despite market headwinds, dealmakers have looked to carveouts, spin-offs, joint ventures and other creative deal structures to engage...more

Goodwin

Antitrust & Competition Life Sciences 2022 Year In Review

Goodwin on

M&A activity in the life sciences space proceeded largely as usual in 2022, with most transactions receiving expected levels of agency scrutiny and closing in the normal course despite aggressive rhetoric from new leadership...more

McDermott Will & Emery

[Webinar] Managing M&A Opportunities and Risk for Japanese Investors During COVID-19 and Beyond - June 4th, 7:00 am - 8:00 am CEST

The COVID-19 pandemic is bringing unprecedented disruption to the global M&A market. Even in today’s uncertain environment, however, certain deals are still moving forward. To usher existing agreements to successful...more

Latham & Watkins LLP

No-Poach Prosecutions: A Growing Problem for M&A Deal Teams?

Latham & Watkins LLP on

M&A deal teams should take note of heightened scrutiny of HR and employment practices by antitrust enforcers in the US and Europe. No-poach, non-solicitation, and wage-fixing agreements - arrangements between companies...more

Latham & Watkins LLP

Protect Your Antitrust Privilege — Why M&A Dealmakers Must Take a Strategic Approach to Privilege

Latham & Watkins LLP on

Companies must mitigate risks to antitrust privilege posed by cross-border megadeals and increased regulatory demand for documentation. A strong M&A market has driven a high volume of megadeals across the globe in recent...more

Wilson Sonsini Goodrich & Rosati

Threading the Needle—Avoiding Antitrust Violations During the M&A Pre-Closing Period

Merging parties need to share information and cooperate while negotiating a merger, conducting due diligence, and navigating integration processes. These needs, however, often dovetail with antitrust laws—specifically, the...more

Ballard Spahr LLP

Does Your Antitrust Compliance Policy Cover All It Should Under HSR?

Ballard Spahr LLP on

Businesses and individuals should be aware that their antitrust compliance policies may not adequately cover all reportable transactions under the Hart-Scott-Rodino (HSR) Act. The Federal Trade Commission (FTC) states that an...more

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