There are a lot of manufacturers out in the market looking to buy. Many “strategic” buyers are taking advantage of healthy balance sheets that are bolstered by a lot of cash. A few weeks ago, I attended a presentation by an investment banker that cited publicly-available estimates of nearly $3.5 trillion in cash reserves among middle market companies. 

“Multiples” remain high in certain sectors, including aerospace and defense, food and beverage, and other advanced manufacturing. As a result, buyers of all types are looking for transactions that are not the subject of an auction, but rather can be achieved in a private way.

While COVID-19 certainly changed the way transactions and due diligence were performed, in some ways I think it “shrunk” the world, as many of our clients are looking beyond their borders for potential companies to buy. With that said, there have been some shifts on where people are looking to buy.

A recent publication by global accounting firm E&Y confirms this point:

According to analysis by EY, the nature of cross-border deals is changing to reflect geopolitical tensions on the world stage. While cross-border transactions levels in H1 have decreased (24% in 2022 vs an average of 30% over 2015-19), the share of cross-border deals among closely affiliated countries has increased (51% in 2022 compared to an average of 42% over 2015-19). The analysis finds that investment from China into the US has fallen from US$27b at the highpoint in H1 2016 to US$1.9b, while North American investment into Europe have increased from US$60b to US$149b over the same period.

This analysis confirms two things I am hearing anecdotally. First, that manufacturers of all sizes are looking at transactions in “friendly” countries. Second, that the interest in Europe has increased for several reasons, including the strength of the dollar. Companies are looking for “deals” in Europe and I expect that to continue. 

Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.