Our APAC Market Practice Survey comprised an analysis of 63 private M&A transactions we advised on in 2022. All transactions were led out of our APAC offices and were mostly in respect of APAC target companies, but also involved a range of ex-APAC targets, across a variety of sectors. The sample comprised transactions with private equity sellers, other financial sponsor sellers and corporate sellers.
The results show that, although the market in the APAC region remained relatively seller-friendly, certain buyer-friendly provisions such as completion accounts mechanisms and termination due to material adverse change became more prevalent in 2022. The APAC M&A market is influenced by European and US M&A practices, with the APAC trend sitting between these two market practices in a few areas. However, there are still some features that are typical in this region, especially in the use of fixed price mechanisms.