Cross-Boarder Developments in M&A

Since the COVID-19 pandemic, there have been a number of developments in the context of cross-border M&A transactions.  Many of these developments have resulted in transactions being significantly more complicated and taking longer to complete due to regulatory considerations and multiple new foreign investment regimes.  While some of these issues have resulted from political considerations, increased antitrust scrutiny and an enhanced CFIUS regime in the United States, similar issues have arisen in a number of other jurisdictions.  This, in turn, has impacted the drafting of cross-border acquisition agreements and other important M&A considerations.

The panelists included:

• Christiaan de Brauw, a Corporate Partner at Allen & Overy in Amsterdam
• Benjamin Kanovitch, a Corporate Partner at Bredin Prat in Paris
• Ethan Klingsberg, a Corporate Partner and Co-Head of US Corporate and M&A at Freshfields Bruckhaus Deringer in New York City
• Amanda Linett, an M&A Partner and Co-Head of the Mining Group at Stikeman Elliott in Toronto

The panel was moderated by David A. Katz, a Corporate Partner at Wachtell, Lipton, Rosen & Katz in New York City.

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