Cardozo Journal of International and Comparative Law
Abstract
The note examines the challenges of invoking Material Adverse Change (MAC) clauses in mergers and acquisitions, particularly during economic crises like the Eurozone Crisis. It argues that the strict standard applied by U.S. courts makes it difficult for buyers to prove a MAC, rendering such clauses ineffective. The analysis suggests that MAC disputes are better resolved through arbitration by financial experts rather than courts.
Disciplines
Banking and Finance Law | Contracts | Law
Recommended Citation
Lindsay Edelstein,
Big MACs: Not-so-Happy Deals and the Eurozone Crisis,
22
Cardozo J. Int'l & Comp. L.
595
(2014).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol22/iss3/5