Long Read · March 29, 2026 · 10 min

Deal Protection in a Regulator-Active M&A Market

Regulatory scrutiny of horizontal and vertical transactions has lengthened deal timelines. Deal-protection terms need to reflect this reality.

Regulatory scrutiny of horizontal and vertical transactions has materially lengthened deal timelines in the U.S. and EU. Pending periods of nine to fifteen months are no longer unusual where they were once exceptional. Deal-protection terms drafted under earlier assumptions about timing now feel mis-calibrated.