Key Antitrust Issues and Opportunities for Private Equity and Financial Sponsors
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Key Antitrust Issues and Opportunities for Private Equity and Financial Sponsors
Private equity and financial sponsor buyers face particular opportunities and challenges when dealing with global merger control and foreign investment regulations. In this note, our specialist competition lawyers provide insights and market experience on the key issues and their implications to give our clients the best chance of a smooth regulatory process.
Authors: Nicole Kar, Eram Khan and Nick Peristerakis
Gun jumping can lead to huge fines on both sides of the Atlantic; deal teams and counsel need to exercise extreme caution on both interim covenants as well as their actual application in the period between signing and closing.
CFIUS enforcement is increasing in the US, while outside the US the number of jurisdictions conducting foreign investment reviews is growing and the intensity of these reviews is deepening. Foreign investment screens and building appropriate protections into deal documentation will be vital in mitigating the impact of such reviews.
Private equity houses and other financial investors rely on Linklaters’ market leading global experts to advise on all stages of a fund lifecycle, from establishing the fund and making investments, to ongoing portfolio assistance including restructuring advice, to exiting from those investments. We are able to draw on relevant expertise from best-in-class teams throughout our 30-office global network, to provide seamless advice to our financial investor clients on their most strategic transactions. The team’s experience includes advising on transactions across the major jurisdictions of Western Europe, Central and Eastern Europe, the Americas, the Middle East and Asia.
