New Impediments for Carve-out Restructurings
ABA Section of International Law M&A and Joint Ventures Committee Newsletter
Carve-out processes, i.e. the separation of certain business units from a company or group of companies, often occur in connection with M&A transactions, be it that the transaction itself is structured as a carve-out, or be it that a restructuring precedes or follows the transaction because the buyer is interested only in part of the target's business. Under recent decisional law, certain types of carve-out processes have become significantly more difficult in Switzerland.