The use of artificial intelligence (AI) will inevitably in some way become part of the day-to-day operations of most businesses. In the fast-paced and competitive world of business, mergers and acquisitions (M&A) have long been a vital strategy for companies looking to expand their reach, increase market share, or diversify their portfolios. With the rise of AI, M&A processes may experience significant transformation, even in South Africa, where businesses are increasingly seeking innovative ways to stay competitive and relevant in a strained economy and AI can be instrumental in reshaping how M&A transactions are structured, evaluated, and executed.

Target identification

First and foremost, a merger will not take place if a potential target company is not identified. It is crucial to find a suitable target company or merger partner. Traditional methods of deal sourcing often rely on industry contacts and networking. AI can streamline this process by studying vast amounts of market data and identifying companies that meet specific acquisition criteria.

AI-driven tools can evaluate the financial strength, market positioning and product offerings and recommend suitable target entities. In South Africa, where market opportunities may be scattered across diverse sectors such as mining, agriculture, and finance, AI’s ability to filter and identify high-potential targets is particularly beneficial for companies seeking to expand their footprint or diversify into new industries.

Due diligence

Due diligence is one of the most critical aspects of M&A. Various types of due diligence can form part of a single M&A transaction, including legal, financial, tax and operational due diligence.

When traditionally conducted, these can be expensive and time-consuming processes requiring teams of lawyers, accountants, and analysts to sift through vast amounts of data. AI tools can automate and accelerate such due diligence processes. These AI-powered tools can review contracts, financial statements, and other legal documents to identify potential risks, discrepancies, and areas of concern that would take humans much longer to detect. With AI’s ability to process large volumes of data and identify patterns that may not be apparent to human analysts, companies can make more informed and data-driven decisions and reduce due diligence lead times. This is critical for mitigating risks and maximising the value of an M&A transaction.

Valuation enhancement

Accurately valuing a company is another essential part of the M&A process. Conventional valuation methods often rely on historical data, subjective assumptions, and broad market trends. However, AI can refine this process, analysing large amounts of structured and unstructured data, including market sentiment, financial performance, industry trends, and competition assessments. When dealing with an M&A transaction in South Africa, stakeholders must conduct in-depth competition assessments to determine whether a proposed transaction triggers the required approval, and if so, certain prescribed procedures must be followed. AI could assist with the preparation of these assessments.

Risk analysis

Identifying risks is inherent in any M&A deal, and the ability to predict and mitigate risks is a key consideration for dealmakers. AI offers advanced predictive analytics that can assist in identifying potential risks and opportunities in an M&A transaction. By examining patterns from past deals, AI algorithms can predict how a particular acquisition might perform in the future, based on similar market conditions and historical data.

This makes AI valuable in a South African context where companies may face specific risks, such as political instability, changes in economic policy, or fluctuations in commodity prices. AI systems can help businesses anticipate such challenges and devise strategies to mitigate them during the M&A process.

Post-merger integration

AI tools can assist in the post-merger integration phase by streamlining operations, optimising workflows, and overall integration. By way of practical example, AI can assist in planning the collaborative amalgamation between two organisations by identifying redundancies and recommending operational improvements. It can also assist in managing the human resources aspect of integration by exploring employee sentiment, retention rates, and organisational culture, which can ensure that employees are aligned with the new company vision. In South Africa, where cultural diversity is a critical factor in business, AI tools can help integration risks by addressing potential cultural clashes between merging entities.

Are there issues with using AI in M&A transactions?
 
Although AI has plenty to offer in the field of M&A, it is not immune to disadvantages. Firstly, there are high financial costs related to implementing and establishing the right infrastructure and expertise to effectively implement AI tools. Further challenges such as data privacy and transparency, must be addressed to ensure compliance with local legislation such as the Protection of Personal Information Act 4 of 2013, as well as international standards and practices. Additionally, AI systems rely on high-quality data to produce meaningful insights. Companies must ensure that they have access to accurate, up-to-date data to fully benefit from AI-powered M&A tools. It may also take time before AI can properly advise on aspects related to the Competition Commission, Competition Tribunal and Takeover Regulation Panel rules, regulations and procedures which are not only tricky to navigate but constantly evolving. 

AI can complement, but probably never replace, experienced legal and financial advisors. As much as AI can save time and absorb incredible amounts of data, the nuances of an M&A deal will still rest in the hands of advisors. AI can most certainly enhance their knowledge and skill, making their work more efficient, accurate and effective.


Disclaimer: This article is the personal opinion/view of the author(s) and is not necessarily that of the firm. The content is provided for information only and should not be seen as an exact or complete exposition of the law. Accordingly, no reliance should be placed on the content for any reason whatsoever and no action should be taken on the basis thereof unless its application and accuracy have been confirmed by a legal advisor. The firm and author(s) cannot be held liable for any prejudice or damage resulting from action taken on the basis of this content without further written confirmation by the author(s).