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March 14, 2026JOURNAL OF COMMERCIAL LAW REVIEW0 citationsOpen Access

Legal Compliance Issues in Mergers and Acquisitions of Multinational Corporations and Their Countermeasures

LMLi Mei

Key Points

  • The aim is to analyze the legal compliance challenges in cross-border mergers and acquisitions faced by multinational corporations.
  • In-depth analysis of cross-border M&A practices
  • Identification of key compliance challenges in multiple dimensions
  • Proposal of a comprehensive risk management framework
  • Integration of competitive intelligence and organizational identity analysis
  • Companies face dual challenges related to information asymmetry and national contexts.
  • Four key compliance dimensions were identified: national security reviews, antitrust conflicts, data flow issues, and anti-corruption risks.
  • A robust risk management system was proposed to facilitate global compliance operations.

Abstract

This paper examines cross-border mergers and acquisitions (M&A) practices, providing in-depth analysis of legal compliance challenges and systematic solutions for enterprises navigating globalization. The study reveals that companies must address dual challenges: the "outsider disadvantage" stemming from information asymmetry and the "home country disadvantage" arising from specific national contexts. These challenges manifest in four key dimensions: politicized national security reviews, conflicting antitrust standards across jurisdictions, sensitive cross-border data flows, and persistent risks from overseas anti-corruption and trade controls. To tackle these issues, the paper proposes a comprehensive risk management framework spanning the entire transaction lifecycle. This includes cross-jurisdictional due diligence mechanisms integrating competitive intelligence and organizational identity analysis, proactive government communication to streamline approvals, data compliance integration solutions covering the entire M&A cycle, and detailed indemnity clauses with compensation mechanisms embedded in M&A agreements. These measures collectively establish a robust risk management system, offering enterprises systematic solutions and practical guidance for global compliance operations.

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Cite This Study

Li Mei (2025) studied this question.

synapsesocial.com/papers/69b4fa9ab39f7826a300b4d5https://doi.org/10.47297/wspjclrwsp2516-249707.20250904
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