All Mergers & Acquisitions articles
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PremiumKPMG survey: ESG-related concerns in M&A derailing deals
Material findings related to environmental, social, and governance due diligence have disrupted mergers and acquisitions, forcing companies in the United States and abroad to back out of deals, according to a study from KPMG.
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News BriefDOJ, FTC highlight core guidelines in draft merger guidance
New draft merger guidance put forward by the Department of Justice and Federal Trade Commission continues the agencies’ joint mission to modernize antitrust enforcement.
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PremiumM&A lessons from EU’s maximum $476M fine against Illumina
The European Commission imposed maximum disciplinary measures in fining U.S.-based biotechnology company Illumina €432 million (U.S. $476 million) regarding its “gun-jumping” merger with cancer detection company Grail.
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ArticleSurvey: How businesses are confronting governmental licenses in M&As
The results of a recent survey conducted by Compliance Week and Avalara found most businesses consider governmental licenses as part of due diligence efforts during mergers and acquisitions, yet the opportunity for risk management improvements remains.
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ArticleFTC marks revived ‘prior approval’ merger stance with proposed limits on DaVita
The Federal Trade Commission proposed 10-year acquisition restrictions on dialysis service provider DaVita under the agency’s newly reinstated “prior approval” policy aimed at curbing anticompetitive mergers.
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ArticleFTC gearing up for aggressive oversight of antitrust, M&A
With a changing of the guard, the Federal Trade Commission is undergoing some major restructuring on the antitrust front. All told, it’s not just Big Tech and pharmaceutical companies that should be on alert.
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ArticleSEC changes M&A rules for first time in 30 years
SEC Chair Jay Clayton says recent updates to M&A rules will enhance investor information and slash unnecessary costs, but critics argue the changes limit investor transparency and better serve larger corporations.
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ArticleM&A due diligence landscape forever altered by coronavirus pandemic
The coronavirus pandemic has affected both the risk landscape and the diligence protocols for merger and acquisition transactions at every stage of the game. But while deal terms may be negotiable, what should be non-negotiable is the compliance function’s role in M&A transactions.
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Article
Antitrust Division names new senior director of investigation and litigation
The Department of Justice’s Antitrust Division announced the elevation of Section Chief Kathy O’Neill to the new role of senior director of investigation and litigation.
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BlogSenators urge DOJ, FCC to reject T-Mobile & Sprint merger
Expressing their staunch opposition to the proposed merger between T-Mobile and Sprint, a group of Senate Democrats have written to the Department of Justice’s Antitrust Division and the Federal Communications Commission, urging them to reject the plan.
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ArticleThe many compliance lessons of Tesla
One simple tweet from Tesla’s outspoken founder speaks to volumes of compliance and regulatory concerns.
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Blog
The compliance role in mergers and acquisitions
Deputy Assistant Attorney General Matthew Miner in recent remarks spoke about the Justice Department’s efforts to investigate and stamp out global corruption, particularly concerning mergers and acquisitions. He stressed the valuable role compliance officers play.
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Blog
Judge rejects government efforts to block AT&T, Time Warner deal
After months of legal sniping and a six-week trial, a federal judge has approved AT&T’s $85 billion acquisition of Time Warner.
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Article
Filing problems? SEC invites companies to ask for help
Where one entity’s financial statements get impossibly tangled with another’s, the SEC is inviting companies to reach out and ask for some relief.
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Article
In M&A, SEC hints at relief over accounting rule differences
M&A deals could become a little more complicated this year as a result of changes in accounting standards and complexity around what needs to be reported.
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Blog
Rep. Cicilline shops for a hearing on Amazon’s Whole Foods buy
On the heels of “Prime Day,” Congressman David Cicilline (D-R.I.) is asking the House Judiciary Antitrust Sub-committee to hold a hearing on Amazon’s proposed $13.7 billion acquisition of Whole Foods.
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Article
Data privacy and cyber-security considerations in M&A deals
The increasingly ominous specter of cyber-risk can cast a shadow over any merger or acquisition. But due-diligence practices can lower the risk.
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Blog
Allergan to pay $15M for disclosure failures in wake of hostile takeover bid
Drug company Allergan, headquartered in Dublin, Ireland, has agreed to admit securities law violations and pay a $15 million penalty for disclosure failures in the wake of a hostile takeover bid, the Securities and Exchange Commission announced. Jaclyn Jaeger has more.
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ArticleAssessing antitrust risk in M&A transactions
Top officials at the Department of Justice and Federal Trade Commission have announced their intention to focus heavily on M&A antitrust enforcement, at a time when merger activity is skyrocketing. Jaclyn Jaeger explores how the agencies plan to tackle some of the larger, more complex deals ahead.
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Article
Compliance risks in M&A transactions
Image: 2015 was a record-breaking year for global mergers and acquisitions, but inherent in those deals are numerous compliance risks, such as potential Foreign Corrupt Practices Act violations and deal-breaking cultural clashes. Involving compliance personnel at the earliest stages of an M&A transaction can significantly reduce unforeseen liabilities. “You don’t ...