ARTICLE
7 December 2022

2023 M&A Outlook

FL
Foley & Lardner
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
There was great speculation that the decreased valuations of 2022 would lead to a surge in M&A activity; however, activity this year has been much lower than anticipated.
United States Corporate/Commercial Law
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There was great speculation that the decreased valuations of 2022 would lead to a surge in M&A activity; however, activity this year has been much lower than anticipated. A multitude of factors have slowed down M&A this year – inflation, unrest abroad, and rising interest rates are just a few of the issues that have negatively impacted transactions over the past few months. 

Everyone is left to wonder what the M&A forecast for 2023 will look like. Will we see an uptick in activity, or will we continue to see a much more cautious approach from buyers and targets? There are many predictions for the new year, which vary widely. Below, we round up a few that are making headlines.

A Return to Normal

Many analysts are predicting we could see a return to pre-2021 activity. It is important to remember that 2021 was a blockbuster year for M&A with a historic number of transactions. That kind of activity is challenging to duplicate and exceed year after year. At some point, it will inevitably slow down. So, we might be experiencing a return to a more normalized activity level as we move into 2023.

There Could Be a Spike in Some Areas

One area where there could be a spike in 2023 is mergers among private tech companies. In an interview with  The Information, Goldman Sachs bankers told the outlet that consolidation among private tech firms could pick up next year. This could be particularly true for those startups who had to alter their IPO plans. These companies are likely exploring alternative exit strategies, and decreased valuations will make mergers in this space more attractive.

There is also some speculation that the fintech industry could see higher levels in 2023. This has been an area that has seen steep drops in valuations and a roller coaster of a year. These factors could make it a prime area for mergers and large transactions.

Interest Rates vs. Dry Powder

Borrowing money is considerably more expensive due to multiple spikes in interest rates. Gone are the days of virtually free money. We have yet to determine what the Fed has in store for the remainder of this year or next, but we know that tightening should ease by midway through 2023. That means that it will be increasingly expensive to borrow moving forward, but should level off before the second half of the year.

While the higher cost of taking on debt does make acquisitions more challenging, remember that private equity firms have an unprecedented amount of dry powder in their reserves. They can also use accruing, participating and pay-in-kind dividends with a senior liquidation preference to structure around the interest. They will be looking to use their dry powder as valuations become more attractive. The combination of these factors has the potential to bolster activity next year.

Due Diligence Will Continue to Be a High Priority

One thing that is a sure bet is that due diligence will continue to be a higher priority for buyers as they look more closely than ever into their targets. It is more important than ever for buyers to take an even deeper dive into every aspect of targets, ensuring everything is 100% in order. This means targets will need to be prepared on their end, with financials and operations ready to face greater scrutiny. 

No one can predict the future, and there will be new factors that no one can foresee popping up in 2023. We will monitor and update as the new year unfolds.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
7 December 2022

2023 M&A Outlook

United States Corporate/Commercial Law
Contributor
Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
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