Biden election set to boost investor confidence
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Stephen Besen
Partner
New York

Paul Burns
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Maura Rezendes
Partner
Washington, D.C.

Ken Rivlin
Partner, Global Co-Head International Trade and Regulatory Law Group, and Global Head of the firm's Environmental Law Group
New York

Elaine Johnston
Partner, Co-Head Antitrust
New York

Brian Jebb
Partner
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The election of Joe Biden is likely to usher in an era of more stable and predictable politics in the U.S., increasing the kind of investor confidence on which M&A transactions thrive.
As such, we expect the strong growth in activity that we have witnessed over recent months to continue once the transition to a new administration is finally complete.
New policy directions
In terms of likely policy outcomes, much will depend on the make-up of Congress. Control of the Senate will not be decided until January.
Traditionally the U.S. market prefers to see government divided between the administration and Congress (in this case, a Democratic administration and a Republican Senate) but will probably adapt easily whatever the outcome turns out to be, given that this looks set to be finely balanced in any event. However, we can expect a change of direction in key policy areas, including:
- greater antitrust enforcement, particularly for consumer-facing industries
- action forcing the big internet companies to change their business models, although falling far short of break up
- possible tougher regulation on the big banks
- extension of the Affordable Care Act (Obamacare) could increase pricing pressure on the healthcare sector
Some of these measures could put a damper on M&A activity, but largely the effect should be relatively mild. The drivers of M& A activity will remain largely unchanged. Drivers include:
- the search for ways to accelerate growth
- pressure to consolidate within sectors to improve efficiency and costs
- the need to deploy pent up reserves of liquidity
- continuing access to affordable debt finance for the right deal
Covid-19 is the biggest unknown
But the biggest threat to activity remains Covid-19. Any positives or negatives arising from the election will be overshadowed by whether the pandemic is brought under control and if the economy is forced to withstand lockdowns.

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