Global Merger Regulation: 10 Key Themes for 2022/2023
Simpson Thacher published a report titled Global Merger Regulation: 10 Key Themes for 2022/2023, which was featured in The Wall Street Journal and explores how, throughout the past year, global regulatory intervention in M&A intensified and grew more complex to navigate. The report authors, Antitrust Partners Antonio Bavasso and Preston Miller, and Counsel Josh Buckland, analyze M&A regulatory intervention in three leading jurisdictions—the U.S., EU and U.K. – and offer 10 key trends and predictions for 2023, including:
- DOJ and FTC flex their muscles to become the global flagbearers of intensified merger scrutiny
- A chequered path – U.S. enforcement met with mixed success in Court: can your deal wait?
- Strong interventionist streak across the Atlantic both in the U.K. and EU: do parties give in earlier?
- Behavioural remedies fall further out of favour on both sides of the Atlantic
- PE firms come under fire
- Hot topics for 2023: “killer acquisition,” “reverse killer” or “ecosystem” deals
- TMT still under scrutiny, whilst digital sector reforms have crystallised in the EU, remain embryonic in the U.K.
- Navigating co-operation and divergence between agencies becomes more challenging and yet is crucial
- Exercise extreme caution: U.K.’s voluntary merger control contains significant pitfalls for the unwary
- Tide of FDI activity shows no sign of abating
To read the Wall Street Journal article, please click here.