Lina Khan is in New Orleans, without actually being there. At the annual Tulane Corporate Law Institute in the Big Easy this week, high-profile merger lawyers and bankers took aim at regulators, specifically Khan, the head of the U.S. Federal Trade Commission. They may feel haunted by her presence but, in reality, mergers are mostly experiencing rational checks and balances.
FTC Commissioner nominee Lina M. Khan testifies during a Senate Commerce, Science, and Transportation Committee hearing on the nomination of Former Senator Bill Nelson to be NASA administrator, on Capitol Hill in Washington, U.S., April 21, 2021.NEW ORLEANS, March 18 - Lina Khan is in New Orleans, without actually being there.
But a focus on Khan neglects other factors that make deals harder to do. Pandemic and now war have heightened sensitivities to those risks, and partners in mergers want protection against them. Material adverse change clauses, the fine print that can allow buyers and sellers to wriggle out of deals in some circumstances, have become more descriptive and longer, causing dealmaking to slow down.these days, parts of the critique are unconvincing.
In any event, the truth is in the numbers. Both dealmakers and activist investors are off to a busy start this year. Microsoft’s
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