2025 Life Sciences M&A Trends in Earnouts and Antitrust

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Fenwick & West LLP

Life sciences M&A comes with unique challenges that require thoughtful and creative structuring. Bridging valuation gaps between buyers and sellers and navigating regulatory scrutiny need careful planning. Earnouts are widely used, but may contain pitfalls in the way they are drafted and how they are ultimately paid out (or not). Also, with a change in administration in Washington, there may be changes in the way life sciences M&A is reviewed by government agencies. To learn more about these critical issues, see my Fenwick colleagues' key takeaways and watch their CLE webinar, “Earnouts & Antitrust Challenges in Life Sciences M&A.”

While life sciences M&A activity surges in today’s markets, the shift in regulatory enforcement priorities, constant innovation in technology, and strategic growth opportunities are changing the way dealmakers are approaching and structuring these high stakes deals.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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