Managing Regulatory Compliance Risks in M&A

Charles Webb, Lead Antitrust Counsel at FedEx (NYSE: FDX)   When it comes to mergers and acquisitions, everyone loves to talk about synergies, growth, and market share. However, these enticing prospects can quickly dim if regulatory compliance risks are overlooked. While not the most glamorous aspect of M&A, compliance forms the bedrock that ensures deals are legally sound and smoothly executed.   In this episode of the M&A Science Podcast, Charles Webb, Lead Antitrust Counsel at FedEx, discusses how to manage regulatory compliance risks in M&A.   Things you will learn: • Different types of regulatory compliance risks in M&A • Applicability of antitrust framework to companies • The evolution of antitrust laws • The importance of avoiding Gun Jumping • Increased aggressiveness of antitrust regulators   ******************* This episode is sponsored by Grata. Grata is the leading platform for private market dealmaking. With innovative AI and diligence-grade data, Grata makes it easy to find and evaluate targets from the outside looking in. Win more with Grata.   This episode is also sponsored by DealRoom AI, the latest innovation from DealRoom designed specifically for M&A professionals. DealRoom AI automates the analysis and extraction of key information from due diligence documents, empowering teams to save up to 80% of their time on document analysis and focus on what really matters—closing the deal.  Ready to streamline your M&A process? Visit dealroom.net today.   ******************* Episode Timestamps 00:00 Intro 06:40 Different types of regulatory compliance risks in M&A 14:41 Applicability of antitrust framework to companies 20:47 Impact of HSR filing on the deal timeline 22:43 What does the HSR form look like? 24:56 How to land the narrative in a merger 28:25 The Origins of the Sherman Act 29:47 The Magna Carta of Free Enterprise 30:03 Fast forward 1914 30:36 Amendments and the Hart-Scott-Rodino Act 31:33 The evolution of antitrust laws 33:47 Risks during the waiting period 39:33 The importance of avoiding Gun Jumping 42:22 Best practices for internal communication during a deal 44:01 Understanding deal review risk in advance 46:11 What happens if a deal is rejected? 50:11 Increased aggressiveness of antitrust regulators 51:41 Real consequences for gun jumping 53:05 Balancing integration planning with gun jumping risks 57:43 The key to preparing for regulatory compliance 58:52 Craziest Thing in M&A