Hogan Lovells 2024 Election Impact and Congressional Outlook Report
Hogan Lovells recently joined forces with preeminent retail industry counsel Chrystelle Chevalier-Gagnon of McCarthy Tétrault and Maria Makowiecki of Ulta Beauty to present at the 2024 Retail Industry Leaders Association (RILA) Law Conference. The panel focused on recent M&A trends in retail across North America, including partnerships for expanding reach, lessons from large-scale grocery mergers, and how consolidation in the convenience-store and retail luxury markets have been fueling growth. This article features five key themes and takeaways from the panel that every retailer needs to know.
Throughout the industry, consolidation continues. In addition to traditional M&A, strategic partnerships and joint ventures are gaining traction. These partnerships and JVs allow companies to enter new geographic markets or lines of business, taking advantage of the expertise and know-how of a partner. Joint ventures can also help avoid increasing headcount and consolidate results. However, not all are successful; a significant number fail due to unforeseen circumstances, lack of proper due diligence, or misaligned incentives.
Joint ventures are generally viewed as a way to reduce participants' risk—they are not permanent, and the respective capital contributions are less. However, linking your name and reputation to an entity you don't control is inherently risky, especially in the retail space where brand is everything.
50% of joint ventures fail, and successful joint ventures have often been renegotiated to address misalignment. It is crucial to set business expectations and leave flexibility to renegotiate terms from the outset.
Economic, political, and security risks in Mexico, coupled with changing demographics in the U.S., are leading to investment by Mexican companies in the U.S. retail industry. Uncertainty created by recent constitutional and labor reforms in Mexico is driving Mexican companies to diversify geographically. Similarly, the need to explore new markets to grow and build brand reputation in the Hispanic market can drive U.S. retailers to launch their presence in Mexico or Canada.
Across Canada, the U.S., and Mexico, data privacy is a key consideration in retail transactions. Ownership of databases and restrictions on the use of databases for marketing and advertisement need to be factored in when launching a new business. Retailers that market to children need to pay even more attention to rules on processing minors’ data.
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This tri-national panel also involved discussions on the geopolitical landscape’s influence on M&A activity, due diligence complexities in today’s highly regulated environment, foreign investment, and labor and employment considerations.
For more information, please contact Kelly Tubman Hardy and Federico De Noriega Olea.
Authored by Kelly Tubman Hardy and Federico De Noriega Olea.