While M&A transaction activity appears to continue unabatedly despite the challenges to the global economy, merger parties are facing more regulatory hurdles than ever. Merger control enforcement is high on the agenda for many jurisdictions and is becoming increasingly more aggressive, creating uncertainty for merger control parties.

This tougher approach is resulting in longer pre-filing periods, more intense scrutiny of remedies (especially behavioural ones) and an increasing number of prohibited or abandoned deals due to the intervention of agencies. In addition, we are seeing an increasing number of countries claiming jurisdiction even where there is no apparent link between the deal and that country.

How do companies around the global cope with these trends? And what are the views from regulators about future enforcement?