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South Korean M&A deals adopt stricter clauses amid more regulatory demands

By Wooyoung Lee ( November 1, 2024, 08:06 GMT | Insight) -- Merger and acquisitions in South Korea, especially larger deals exceeding 100 billion won ($72.7 million), have seen negotiation dynamics shifting in a direction to enhance certainty in successful deal closures. Negotiating parties are increasingly specifying conditions to enhance the predictability of closing, using provisions such as “hell or high water” clauses, fixed periods for antitrust filing and damage relief schemes such as “de minimis” and “anti-sandbagging” clauses.Merger and acquisitions in South Korea, especially larger deals exceeding 100 billion won ($72.7 million), have seen negotiation dynamics shifting in a direction to enhance certainty in successful deal closures....

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