Data: The remedy to risk

By Brad Kerkhof & Arjaan De Visser, Stillwater Capital Corporation

Risk, real and perceived, is a critical factor in M&A. Risk informs valuation and drives deal structure. The market today is full of risk. Factors such as the Covid-19 pandemic, increasing interest rates, inflation, and global supply chain issues have created an unpredictable economic environment. Risk, left unattended, can expand from reality into fantasy and can quickly erode confidence. Determining what is real and what is not is critical to completing a successful transaction.

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US healthcare services M&A outlook

By Hayden Boles, Hyde Park Capital Advisors, LLC

Recent market volatility coupled with tightening monetary policy and higher interest rates caused overall M&A market activity to decrease in 2022 compared to the prior year of 2021. Private equity and strategic investors are taking a step back to re-evaluate their allocations and exposure to certain industries that could be most impacted by a negative economic cycle in 2023. Healthcare M&A interest has remained strong despite the pullback, as investors see the US healthcare industry, which is benefitting from the aging population, as a hedge against a potential economic downturn.

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Valuation considerations during an increased inflationary environment

By Christopher Esterhuysen, Nolands Capital

Business owners and investors are understandably concerned about rapidly rising inflation levels, but what does this mean for someone wishing to sell their business? Put simply, the effects of inflation on a company’s value come down to how inflation impacts a company’s current and future cash flows. Three key levers drive this process:

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ESG aspects in M&A, private equity, and venture capital transactions

By Philipp Weber, FPS

The importance of environmental, social and governance principles (ESG) for companies has significantly increased in recent decades. This is due to the growing awareness of society and stakeholders regarding sustainability issues, driven mainly by the noticeable negative effects of climate change. Voluntary initiatives, such as the United Nations Global Compact and the Sustainable Development Goals, and regulatory approaches, like the European Green Deal and the German Supply Chain Act, are setting up new principles, standards, and rules.

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Enhancing Deal value through Business Intelligence and Data Analytics

By Simon Jeffery and Nick Mina, Theta Insights + Modelling

Big data is no longer only whispered about in the hallways of the big tech giants. It is now something that every business has, and every business must deal with. Yet the majority of deal advisors have yet to deploy analytics within their M&A activities. This article will explore how data analytics can be used to enhance deal value;

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Is tech no longer en vogue?

By Thomas Parry, Regent Assay

During the Covid-19 pandemic, supermarket shelves gathered cobwebs, cars motionlessly filled driveways, and gym memberships were unceremoniously cancelled. In an attempt to navigate a world devoid of human contact, people turned to technology to maintain a semblance of normality, and the value of technology companies, both public and private, skyrocketed. Fast forward two and a half years, and Apple’s value stands at USD 2.51 trillion (capIQ, July 2022), down from the heady heights of USD 3 trillion that it achieved earlier in 2022. The NASDAQ is down almost a quarter on the year, and private investors are daring to use the “P” word – profitability – having been content to burn through capital for the past two years or so.

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Professionals working together – one client, one purpose

By Anthony J. Soukenik, Sandberg Phoenix & von Gontard

At GGI’s North American Conference in Washington DC earlier this year, I had the good fortune of presenting on working together with a single purpose when clients are selling a commercial enterprise. Highlights of my presentation were as follows:

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's-Hertogenbosch, The Netherlands

Financing acquisitions and Dutch tax rules

By Edward Hendrickx & Roel Jansen, EJP Financial Astronauts

If a company acquires the shares of another company, it is important to consider the tax consequences. For example, borrowing money (for the purpose of the acquisition) may lead to interest deduction limitations. It is also possible that the acquisition costs are not deductible. We will elaborate on these rules on a high level basis below. In this article, we assume that a Dutch tax resident company is the acquiring party. Also, we assume that the financing takes place with arms-length conditions.

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International legal implications of mergers and acquisitions in Mexico

By Prof Sergio Guerrero Rosas, Guerrero y Santana, S.C.

The extraordinary industrial and commercial development of the last century is based on the extent of economies, the integration of production processes, and the business interaction of related companies. The conjunction of these factors gives rise to an economic phenomenon that could be summed up as: the greater the accumulation of resources, the greater the profits; and the greater the profits, the greater the accumulation of resources. Consequently, it is not surprising that modern business people increasingly pursue the integration and concentration of their companies.

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