Kirkland M&A Update Kirkland & Ellis LLP

M&A Update: Behind the Headlines — A Closer Look at Antitrust Reverse Termination Fees

Perhaps no topic has engendered more conversation among dealmakers in recent months than the allocation between merging parties of the risk of obtaining antitrust approval of a proposed acquisition. With the increase in strategic combinations and the expectation of a more robust regulatory environment under the current administration, many recent merger agreements feature painstakingly negotiated provisions to address these risks.