Mergers are among the largest and most complex transactions that businesses may ever complete. Successful mergers can lead to the creation of organizations that are more powerful and successful than either of the businesses combined to create the new company.
Unfortunately, many mergers do not succeed. The resulting company might fail, or the merger might never actually occur. There are numerous issues that can make mergers successful or outright disastrous for the companies involved. Due diligence is necessary to mitigate the risk inherent in a business merger.
What do organizations need to look into before committing to a merger?
The possibility of antitrust issues
Mergers can take two previously competing businesses and turn them into a local powerhouse. In some cases, they may have too much influence on a sector of the economy. Regulatory authorities may oppose the merger because it may eliminate competition and result in an unfair monopoly. Particularly in scenarios where the companies merging are in a highly concentrated market, state or federal authorities may oppose the merger based on the impact it could have on competitors and consumers.
Outstanding organizational liability
The liability of the two companies that merge doesn’t disappear when they form a new organization together. Instead, the resulting company has liability for the actions and misconduct of either company before the transaction. It is, therefore, of the utmost importance that businesses preparing for mergers look carefully at the other company’s history. Everything from the quality of products to the way the company treats its employees could lead to liability for the resulting organization.
Redundancies and conflicting cultural values
Combining two organizations poses many challenges. One is the likelihood of redundant workers and positions. Companies may have to engage in downsizing during a merger because they don’t need two separate sales or payroll departments. Staff reductions during a merger can lead to lawsuits in some cases. The different cultures at the organizations can also come into play, as workers may find that the culture at the other company is incompatible with the culture at the company that hired them. There may be conflicts that are difficult for the resulting combined organization to overcome.
Properly preparing for a merger requires careful consideration of issues that could complicate a transaction. Those in leadership positions at companies preparing for mergers often need to look at the situation carefully to minimize the risk of failure.