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MLex Market Insight

What the Aon-WTW deal’s collapse says about US merger law; and a key appointment at Brazil’s CADE

MLex Market Insight

MLex Market Insight

News

4.99 Ratings

🗓️ 30 July 2021

⏱️ 24 minutes

🧾️ Download transcript

Summary

In the biggest merger regulatory challenge to hit the US under the Biden Administration, insurance broker Aon announced that it would walk away from its proposed union with Willis Towers Watson. The collapse of the deal amounted to a victory for the US Department of Justice and Attorney General Merrick Garland, with Aon concluding that the opposition to the deal was just too great to proceed. It was a victory predicated on a conventional interpretation of the law — the same old-school rules that had previously been disparaged by President Joe Biden. Also on the podcast this week: How the appointment of Alexandre Cordeiro to the Brazilian competition authority’s tribunal is likely to affect CADE’s operations in coming years.

Transcript

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0:00.0

Yes indeed. Here we are once more. I hope you're very well, especially if you're in the

0:15.9

Northern Hemisphere and heading into your summer holidays. I hope you get all of the sunshine that you need

0:21.7

after a difficult winter. My name is James Panicki. This is Emlex's weekly podcast, covering the

0:27.6

biggest and most recent stories in regulatory affairs. It's great to have your company again today.

0:33.5

Now, as always, we have a lot to get through with the assistance of our team of reporters

0:38.6

around the globe.

0:39.9

In just over 10 minutes' time, we'll be crossing to Brazil to talk about what some key

0:44.9

appointments to the country's competition regulator mean for both mergers and companies

0:50.2

facing penalties for anti-competitive behaviour.

0:53.9

First up, though, what to many look like the deal of the year has just fizzed out.

0:59.0

Aon's $30 billion US dollar merger with Willis Towers-Watson has collapsed with everything that that entails,

1:06.0

including a $1 billion termination fee that Aon will have to pay to WTW.

1:12.6

Now, we cared particularly about this because it was the first significant deal to face regulatory pushback

1:19.5

since the Biden administration took power.

1:22.3

And it was the first major development since President Joe Biden made his recent controversial remarks about the need

1:29.1

to rethink the approach to antitrust. Yet as our correspondent Curtis Eichelberger has argued

1:35.4

very convincingly, the Department of Justice's success in opposing the merger is a sign of

1:41.6

continuity with regulation in previous administrations rather than evidence of a new

1:47.1

approach. Curtis joins me now from his home in Philadelphia. So Curtis, firstly, remind us what the

1:54.6

deal was all about. What do the companies in question do and what was the logic behind the deal?

2:00.7

Well, Aon and Willis Towers-Watson are the second and third largest insurance brokerages

2:06.6

in the world.

...

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