Conducting cross-border M&A transactions in today’s dealmaking climate remains challenging. Amid an economic slowdown and geopolitical concerns, businesses face a rapidly changing and increasingly uncertain legal and regulatory landscape across the globe. Staying up to date on the latest market trends and legal developments is critical to efficiently navigate this shifting landscape and be well equipped to execute investment strategies and successful transactions.

The newest edition of the Baker McKenzie Global Private M&A Guide provides a holistic overview of key legal and regulatory M&A frameworks in each jurisdiction through all stages of the transaction process, from strategy, due diligence, deal structuring and financing to signing and closing.

"After a market slowdown in M&A activity last year, there is more optimism for 2024. Large and transformational deals are not off the table for this year," said Baker McKenzie Global M&A Chair Jannan Crozier. "We are seeing companies being willing to embrace more complex structures and a cross border approach to deal doing as part of a successful M&A strategy."

Baker McKenzie North America Transactional Practice Chair Alan Zoccolillo added: "Carve-outs are not mere trends; they are strategic imperatives in the current market. Companies seek to unlock value, enhance liquidity, and focus on core competencies through divestitures. Whether driven by antitrust remedies or strategic reviews, carve-outs are a resilient component of dealmaking strategies, enduring even in periods where M&A activity is not at its peak."

The Global Private M&A Guide also includes an overview of tax considerations, as well as employment law obligations, anti-bribery concerns and, notably, the latest on merger control and foreign investment restrictions.

“Never before have we seen so many regulators push enforcement boundaries. They are armed with expanding powers and they display skepticism towards M&A. Dealmakers now often run into the triple hurdles of merger control, foreign investment, and foreign subsidies rules," said Mark Hamer, Global Chair of Baker McKenzie's Antitrust & Competition Practice Group. "Foresight—with a holistic regulatory risk assessment—is critical to keep deals on track."

Insights in this year’s edition draw from the experience of Baker McKenzie’s powerhouse team of 2,500+ deal lawyers across 45 jurisdictions who represent the world’s largest companies in their most impactful deals. The comprehensive guide is available as an interactive online resource optimized for easy navigation and allowing comparison between jurisdictions. 

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