Mergers & Acquisitions Risk Advisory

Mergers have significant competitive effects on industries, competitors and consumers.
Stratosphere assesses political, anti-trust and regulatory risks to specific merger and transaction completion. We provide strategies to mitigate or utilize these risks.

Political intervention in cross-border mergers is a regular and growing feature of the M&A landscape, with the rise in nationalism, populist political parties, trade policy shifts and more frequent change of government.

Sensitive mergers trigger CFIUS (Committee on Foreign Investment in the United States) reviews, and similar government interventions in European and other jurisdictions.

Mergers generating concentration of market share have always needed anti-trust and competition authority clearance to proceed. Tech industry dominance theories of anti-competitive harm are shifting away from traditional market share and Herfindahl Index analysis to consideration of data advantages and network effects.

 

Topics

  • CFIUS and other equivalent national security-based government merger reviews
  • Merger control process clearance in the US, UK and EU
  • New theories of competitive harm based on data or network effects advantages

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