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ARTICLE · 11 FEBRUARY 2022

ESG And Acquisitions - Vice And Virtue Increasingly Shape M&A

Beyond a mounting execution and DD risk for deals, ESG factors are now driving some transactions outright...

GlobalCorporate/Commercial Law

Beyond a mounting execution and DD risk for deals, ESG factors are now driving some transactions outright

WHY IS ESG IMPORTANT?

Environmental, social and governance (ESG) issues have risen up the agenda of investors, governments and the public at large all over the globe. This has seen ESG become a driver for transactions – in the form of both disposals of risky assets (eg, fossil fuels) and acquisitions of sustainable assets or assets that will help a company achieve its ESG goals (eg, renewables, recycling, waste management, tech and aquaculture). At the same time, ESG factors are receiving more attention in due diligence and deal terms as their materiality increases.

There is also greater regulatory focus on ESG – reflected in the introduction of reporting requirements across the globe (including in the UK, Japan, Hong Kong and China) and moves in Europe to impose new corporate governance and risk management obligations on companies relating to ESG.

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