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M&A Market Monitor Report

For more than a decade, we have been monitoring global trends of key terms used in M&A transactions. Our latest edition of M&A Market Monitor provides an up-to-date guide to key M&A transaction terms and assesses how and why these have evolved over time, since our first report in 2007.

Understanding what is market practice can help provide a better understanding of the drivers in reaching agreements on material terms for negotiating parties and their advisors. This research provides empirical guidance on typically agreed positions and considers what is influencing these points. For junior professionals, the report and presentation will help to educate them on the key elements used to structure an M&A transaction and better inform their understanding.

Crucially, this analysis is provided across key geographies, comparing the US market approach with the UK and Continental European approaches. Variances related to deal size are also considered, comparing and contrasting transactions in the lower-mid market (below $50m), mid market ($50-$500m) and upper-mid market ($500m-$2bn).

Eversheds Sutherland’s M&A Market Monitor Report was compiled and updated by our team of researchers. They have analysed deal information from the 500+ deals that we complete each year and balanced this with interviews with our Global Corporate Partnership and third party research of market trends to provide the most accurate position possible. Our sector-focused teams have also built detailed narrative of where and why specific sectors deviate from market norms.

Contact us to arrange a demonstration of the report

Setting the standard

Find out what is considered ‘market’ from our research on the following deal fundamentals:

  • structure of deals
  • earn-outs
  • tax provisions
  • retention provisions
  • W&I developments
  • restrictive covenants
  • material adverse change clauses
  • purchase price adjustments

Changes over time

When we first launched the report in 2007, the M&A landscape was very different. Since then we have seen:


Locked box image
The continued rise of the locked-box
W&I image
W&I has changed the M&A landscape;
auction processes feature W&I insurance option, a fall in liability caps and falling premiums
Convergence image
Convergence of European practices
Convergence on deal fundamentals image
No real US and Europe convergence on deal fundamentals
Buyer's market image
Buyer’s market has become a seller’s market (in some sectors and for some targets)

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