The just published 2020 edition of Getting the Deal Through: Merger Control features an opening chapter titled “Merger Control In Flux”, which outlines the growing uncertainty facing complex international deals. The chapter includes insights contributed by Freshfields lawyers from across Europe, the US and Asia.
While global M&A markets have remained strong over the last several years, regulatory and geopolitical headwinds bring uncertainty, in particular for transformational mergers and so-called “mega deals”. Competition authorities are scrutinising deals with increased intensity and sophistication, using their extensive investigative powers to gather vast amounts of documentary evidence. At the same time, politicians and businesses worldwide continue to test the role of merger control in the modern economy. Competition regulators face mounting pressure for radical intervention in some concentrated sectors and questions about whether they have the right tools for the job, and even more fundamental questions about what the goal of merger control should be.
All of this creates a challenging environment for businesses looking to engage in merger and acquisitions by making the timeframe and outcome for merger review harder to predict, so that transaction planning is more important than ever. Parties must ensure that they are well advised, and must allocate sufficient resources and personnel to allow the process to run as smoothly as possible.
“Merger Control In Flux” explores some of these issues and you can read it here.
To receive a copy of the full publication Getting The Deal Through: Merger Control 2020, which covers the basic principles of merger regulation in 68 jurisdictions worldwide, please get in touch with your usual Freshfields contact or with Anna Vaes and specify your preference for PDF, on-line access or printed copy.