The time it takes to close complex deals continues to stretch out, but the typical “end date” negotiated into merger deals doesn’t.
Deals that will get full antitrust scrutiny can face lengthy delays. Statistics showing that mergers are taking longer to clear suggests that merging parties may want to negotiate contract end dates with a clear-eyed look at the hurdles the deal faces.
Contract End Date
In many mergers big enough to face U.S. antitrust review by the Federal Trade Commission or Department of Justice, such as the pending merger between Sprint and T-Mobile, the parties negotiate an “outside...