The latest edition of the American Bar Association's (ABA)
Canadian Private Mergers & Acquisitions Deal Points Study was
released on December 19, 2019. The study focused on deals signed in
2016 and 2017. A number of members of the Fasken team were involved
in the preparation of the study, including the authors of this
post.
The ABA deal points studies have been cited in numerous
court decisions and are a leading source in seeking to answer the
dealmaker's most basic question: what's market?
This article highlights some of the key findings from the study and
compares certain deal points to recent US studies.
Notwithstanding the importance of the study, readers should be
mindful of the nature of the sample used before applying it too
broadly. The agreements reviewed are sourced from the System for
Electronic Documents and Analysis and Retrieval (SEDAR) maintained
by Canadian securities regulatory authorities for reporting
issuers. As result, the study necessarily
