Trustee and Monitoring Services
Previously operating as
R. Shermer & Company
Previously operating as
R. Shermer & Company
After 23 years in the industry, as a partner and Vice President of R. Shermer & Company, in late 2023, after the passing of our Founder, Dick Shermer, conditions required that we operate under a separate entity to enable continuing as a business. Since I founded BYG, INC. in 1992, as a Marketing and Consulting organization, we have now
After 23 years in the industry, as a partner and Vice President of R. Shermer & Company, in late 2023, after the passing of our Founder, Dick Shermer, conditions required that we operate under a separate entity to enable continuing as a business. Since I founded BYG, INC. in 1992, as a Marketing and Consulting organization, we have now moved our team's Trustee and Monitoring Services under that umbrella and are now operating as BYG, INC. Our experienced team still specializes in providing services for companies undergoing transitions through mergers, acquisitions, and divestitures. Members of our professional staff have more than twenty years experience in performing the roles of Interim Monitor, Monitor and Held Separate Trustee - having served this role in a number of regulatory agency-mandated transactions in both the United States and Europe. Our approach is based on a proven methodology that has been successful with some of the largest industrial companies in the world, one that truly involves those most affected in the transition - the employees and their leadership. These appointments have included:
The year 2021 was a strong one for worldwide merger and acquisition activity with year-end results significantly surpassing the levels achieved in recent years. The value of 2021 transactions was nearly 40 percent higher than the previous year, coming in at $5.85 trillion. The 2021 results were somewhat driven by pent up demand f
The year 2021 was a strong one for worldwide merger and acquisition activity with year-end results significantly surpassing the levels achieved in recent years. The value of 2021 transactions was nearly 40 percent higher than the previous year, coming in at $5.85 trillion. The 2021 results were somewhat driven by pent up demand from 2020 due to the pandemic and featured a number of mega-deals. Technology was particularly active with Microsoft, Amazon and Alphabet all going on buying sprees. Logistics also experienced major consolidation with the US$30 billion acquisition of KCS by Canadian National Railway, as did communication with the US$26 billion acquisition of Shaw Communication by Rogers Communication.
Pre-merger notifications filed under Hart-Scott-Rodino with the Department of Justice and the Federal Trade Commission during fiscal year 2020, the most recent year with available data, showed a decrease from 2019 levels, dropping from 2089 filings to 1637, a decrease of approximately 21 percent. During the year, the Commission brought 28 merger enforcement challenges, the highest number of FTC merger enforcement actions in a single year since fiscal year 2001. Ten of these matters resulted in a final consent order requiring divestitures, and another eleven were abandoned or restructured as a result of antitrust concerns uncovered during investigations. The Commission also initiated litigation to block or undo seven acquisitions, halting unlawful mergers in numerous sectors of the economy, including consumer goods and services, pharmaceuticals, healthcare, high tech and industrial goods, and energy.
During the year, the Antitrust Division challenged 15 merger transactions. The Division resolved seven of these cases by filing a complaint and proposed settlement simultaneously in U.S. district court and brought suit to enjoin three transactions. Of the remaining eight challenges, the parties abandoned the transaction in four cases; in the ones remaining the parties addressed and resolved the Division’s concerns. The strategic level of many of these transactions is underscored by the fact that more than 49 percent of the reported transactions involving the two agencies were valued at more than $500 million. Additionally, more than 48 percent of the acquiring entities had annual sales of more than one billion dollars.
With strong overall M&A activity anticipated for 2022, the mergers that are consummated will continue to be extremely large and strategic. Many of these mergers will be focused on combining global firms within one industry, as has been taking place in pharmaceuticals, healthcare and energy. The strategic nature of these mergers or acquisitions will lead to more mega-deals, many of which will face structural remedies imposed by regulators. In 2022 and beyond, the size and complexity of these deals will result in continued close scrutiny.
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