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How to Manage Company Sales with Multiple Bidders

How to Manage Company Sales with Multiple Bidders
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Managing Multiple Bidders In The Sale Of A Company - Anti-trust/Competition Law

Managing Multiple Bidders In The Sale Of A Company - Anti-trust/Competition Law
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Company Sale, Multiple-Bidder War, and Managing Purchasing

Monday, July 26, 2021
Advantages of Engaging Multiple Bidders
When selling a company through a competitive auction process, a seller may have multiple bidders seeking to purchase the target company. Having multiple bidders compete to purchase the target company can be advantageous to the seller for several reasons. First, it can result in a higher price paid for the target company if the seller makes it known that multiple bidders have submitted serious offers, by initiating a bidding war. Second, it creates leverage for the seller and uncertainty for the bidders, potentially enabling the seller to demand more favorable contract provisions from the bidders. For example, a seller may demand more favorable or no indemnity clauses, purchase price adjustments, and many others. Such leverage may also give a seller the ability to accelerate the timetable of the transaction by requiring the signing and closing to occur more expeditiously. ....

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