In recent years, mergers and acquisitions have become more difficult, not less. In fact, global M&A activity dropped 17% in 2024, and one major reason deserves attention: regulators are making things harder. Deals that once took months now stretch out over a year or more. Delays. Investigations. Unexpected legal reviews. And sometimes deals just fall apart completely.
For instance, NVIDIA’s proposed $40 billion acquisition of Arm was ultimately abandoned after in-depth probes by the UK’s Competition and Markets Authority in February 2022, following concerns over vertical foreclosure and national security.
So, what’s changed?
Companies conducting cross-border deals have to understand more than one country’s rules. They face a patchwork of different laws, government reviews, and compliance checks—all at the same time. Regulators from the U.S., Europe, China, and other countries are stepping in more often, and they’re asking tougher questions. They’re not just looking at whether a deal is legal—they want to know if it’s safe, fair, and good for national security.
If you’re in the world of business, law, or investing, this matters more than ever. Because a deal is about more than the price—it’s about getting through the maze of mergers and acquisitions law with your deal intact.
What’s Driving the Complexity in Mergers and Acquisitions Law?
M&A deals used to be more straightforward, but things have evolved. Now, each deal can touch dozens of different legal systems, tax codes, and political concerns. And as more deals go global, the legal side of things is only getting more complicated.
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Antitrust Approvals in Multiple Jurisdictions
Let’s say a U.S. company wants to buy a European firm. Or a Chinese investor wants to acquire an American tech startup. That deal has to pass antitrust review in both countries.
Each country has its own competition rules. The U.S. might worry the deal gives one company too much power in the market. The EU might focus on how it affects pricing or consumers. And sometimes, countries will block a deal even if others approve it.
This multi-country review process can:
- Delay deals for months
- Increase legal costs
- Force companies to sell off parts of the business just to get approval
And here’s the real challenge: these reviews aren’t always predictable. Regulators in one country might suddenly change their position or ask for more information at the last minute.
That uncertainty can scare off investors and shake the deal’s value.
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National Security Reviews
Governments around the world are taking a closer look at who’s buying what. If a foreign buyer is involved, and the deal touches anything related to technology, data, infrastructure, or defense, it could trigger a national security review.
In the U.S., that review comes from the Committee on Foreign Investment in the United States (CFIUS). In the UK, it’s the National Security and Investment Act. Other countries have their own versions too.
These reviews don’t just delay things—they can stop a deal cold.
Governments want to know:
- Who is the buyer?
- What country are they from?
- Will the deal give them access to sensitive data or technology?
If regulators see a risk, they can require changes—or block the deal entirely.
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Local Compliance Issues
Even after clearing national laws, deals must still meet local compliance rules—and those can vary by region, state, or even city.
For example:
- Labor laws in France may require consultation with employee unions.
- Data privacy laws in Brazil or the EU may affect how customer data can be transferred or stored.
- Environmental regulations in one country could be stricter than in another.
These issues might seem small compared to the big regulatory reviews—but they can still hold up a deal, increase costs, or force last-minute changes.
That’s why mergers and acquisitions law is now more than just corporate paperwork. It’s about understanding every layer of legal risk—from global regulators down to city hall.
How Legal Teams Can Mitigate M&A Compliance Risks
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Start Regulatory Reviews Early
Don’t wait for a signed deal to begin thinking about regulatory approvals. Legal teams should flag potential concerns early in the due diligence process—especially in deals involving multiple countries or sensitive industries.
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Map Out All Jurisdictions
If the deal spans countries or involves subsidiaries in different regions, make a list of every jurisdiction involved. Then check the local laws, especially around antitrust, employment, and data privacy.
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Engage Local Counsel
No matter how good your internal legal team is, they can’t know every country’s rules. Work with trusted local firms who understand the specific requirements in each area.
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Build In Extra Time
Regulatory reviews almost always take longer than you think. Make sure your deal timeline includes time buffers for possible delays, questions from regulators, or additional filings.
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Communicate With Regulators
In some cases, early contact with regulators can help identify concerns before they become formal objections. It’s not about lobbying—it’s about transparency and showing that you’re working in good faith.
Strategic M&A Now Requires Legal Foresight Like Never Before
The new M&A environment demands more than just a strong business case. It requires legal strategy at every stage.
Companies that succeed in today’s market are those that:
- Understand the full legal landscape upfront
- Treat compliance as part of the deal process—not an afterthought
- Use legal insights to shape the structure, timeline, and terms of the deal
In other words, your legal team is a strategic advisor—and their role starts long before the first contract is signed.
Think of it this way: good legal planning can be the difference between a closed deal and a collapsed one.
Need help making sure your next deal clears every regulatory hurdle?
Contact Saltiel Law Group at 305 735 6565 we help clients navigate complex mergers and acquisitions with clarity, confidence, and strategic legal foresight.