Sharing Regulatory Risk in Global M&A

    View Author December 2015

    Increasing uncertainties in closing global merger and acquisition transactions, brought on in part by an increase in regulatory review by governments around the world, have led sellers to make greater use of strategies that mitigate and rebalance regulatory risk, including the risk of antitrust enforcement. An article co-authored by antitrust partner Barry Pupkin, corporate partner Stephen Chelberg, and Victaulic company chief legal officer Mark Van De Voorde, published in the December issue of the ACC Docket, explores some of the tools parties are utilizing, such as reverse break-up fees and onerous “hell-or-high-water” clauses.