Commercial Case Study Assumptions

IceFloe

Star Member
Sep 27, 2020
46
45
If the client in an M&A transaction case study is an investment / PE firm, can we assume that there won't be any competition concerns, and that the method of acquisition is a share purchase? Competition concerns and asset purchases seem to me like they'd be only relevant to trade buyers.

Would love to hear anyone else's thoughts on this.
 

AvniD

Legendary Member
Future Trainee
Gold Member
Premium Member
Oct 25, 2021
1,124
2,094
If the client in an M&A transaction case study is an investment / PE firm, can we assume that there won't be any competition concerns, and that the method of acquisition is a share purchase? Competition concerns and asset purchases seem to me like they'd be only relevant to trade buyers.

Would love to hear anyone else's thoughts on this.
This is a really interesting question! The competition concerns that I can identify in this scenario relate to foreign investment- maybe certain investment thresholds could trigger a competition investigation by authorities in the jurisdiction that the company is based in/operates in on grounds of policy considerations?

Linking some starting points for research into this here and here!
 
  • 🏆
Reactions: IceFloe

Jessica Booker

Legendary Member
TCLA Moderator
Gold Member
Graduate Recruitment
Premium Member
Forum Team
Aug 1, 2019
14,653
20,347
If the client in an M&A transaction case study is an investment / PE firm, can we assume that there won't be any competition concerns, and that the method of acquisition is a share purchase? Competition concerns and asset purchases seem to me like they'd be only relevant to trade buyers.

Would love to hear anyone else's thoughts on this.
I don’t think you can assume anything until you see the specific information in front of you. Its quite feasible that the information you are provided with suggests something else or alternatively leads you to another approach.
 
  • Like
Reactions: IceFloe and AvniD

IceFloe

Star Member
Sep 27, 2020
46
45
This is a really interesting question! The competition concerns that I can identify in this scenario relate to foreign investment- maybe certain investment thresholds could trigger a competition investigation by authorities in the jurisdiction that the company is based in/operates in on grounds of policy considerations?

Linking some starting points for research into this here and here!
Your research links are super informative, thank you so much! Didn't even consider competition concerns between a PE firm's different portfolio companies.
 
  • Like
Reactions: AvniD

About Us

The Corporate Law Academy (TCLA) was founded in 2018 because we wanted to improve the legal journey. We wanted more transparency and better training. We wanted to form a community of aspiring lawyers who care about becoming the best version of themselves.

Newsletter

Discover the most relevant business news, access our law firm analysis, and receive our best advice for aspiring lawyers.