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9 October 2025

Mergers & Acquisitions In The Food Industry: Legal Trends And Considerations

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The global food industry has experienced significant transformation in recent years, driven by evolving consumer preferences, technological advancements and economic factors.
South Africa Corporate/Commercial Law
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The global food industry has experienced significant transformation in recent years, driven by evolving consumer preferences, technological advancements and economic factors. Mergers and acquisitions (M&A) have become pivotal strategies for companies seeking to enhance their market position, diversify product offerings and achieve economies of scale.

According to data from S&P Global, 50 transactions were announced in the food and beverage industry in the first quarter of 2025. This marks a 34% quarter-on-quarter decline in transaction volume, making it the lowest quarterly deal count since the second quarter of 2015.

Higher levels of activity appear to have continued into the second quarter of 2025, with notable transactions, including Unilever's GBP 230 million acquisition of Wild, Müller's GBP 100 million takeover of Biotiful, and the merger of Greencore and Bakkavor. Despite this activity, Grant Thornton's Head of Consumer Industries, Nicola Sartori, notes that mounting economic uncertainty may impact dealmaking in the second half of the year due to increased global market volatility.

In developed markets, M&A trends in the food sector are being driven by a strong focus on health and wellness, cost efficiency and technology adoption. Consumers are placing more value on organic, sustainable and healthier food options, prompting companies to pursue acquisitions that align with these preferences. At the same time, rising inflation and supply chain disruptions are placing pressure on margins, encouraging companies to consolidate operations to reduce costs and improve profitability. Technology is also playing a growing role, with traditional food companies acquiring tech-savvy start-ups to enhance production processes, streamline supply chains and expand their online presence.

In African markets, M&A activity in the food sector is accelerating due to a different set of growth drivers. Population growth is an increasing demand for food products, while rapid urbanisation is changing consumer habits and driving interest in processed foods, prompting traditional companies to modernise through strategic mergers. These shifts are encouraging companies to scale up through strategic acquisitions. In addition, Africa's emerging markets present attractive opportunities for international investors seeking to enter or expand within the continent's food sector.

Legal trends

The legal landscape surrounding M&A in the food industry is complex and varies across regions. However, several common trends have emerged and are reshaping the food industry's legal landscape. One of the most significant is increased regulatory scrutiny. Competition authorities are taking a more active role in reviewing M&A transactions to prevent the creation of monopolies and to ensure fair competition. In the United States of America (USA), for example, the Federal Trade Commission (FTC) and the Department of Justice review M&A activity under antitrust laws. In South Africa, the Competition Commission plays a similar role. These regulatory authorities can block or require modifications to proposed mergers that threaten consumer choice or market integrity. For instance, the FTC recently blocked a proposed USD 25 billion merger between Kroger and Albertsons due to concerns over reduced competition and potential price hikes. Cross-border M&A deals face additional regulatory hurdles as authorities and enforcement agencies assess compliance with global standards, which can delay or derail deals.

Environmental, social, and governance (ESG) considerations are also becoming more prominent in M&A decision-making. Although individual ESG elements have long featured in due diligence processes, there is growing pressure on acquirers to demonstrate broader alignment with sustainability and social responsibility goals. Acquiring a company with strong ESG credentials can enhance brand reputation and appeal to socially conscious consumers and investors.

Due diligence remains a central component of any M&A transaction. Legal due diligence typically involves reviewing contracts, employment and labour matters, intellectual property and regulatory compliance (including licences and land rights). This legal review is conducted in tandem with financial, tax, and operational due diligence to identify potential risks that could influence negotiation strategies, risk allocation and purchase price adjustments. The insights gained during due diligence are key to shaping negotiation strategies, allocating risk, adjusting the purchase price (where necessary) and ultimately ensuring that the transaction delivers long-term value.

Key considerations

When assessing M&A opportunities in the food industry, businesses must take several factors into account. It is essential to assess whether the target company aligns with your strategic objectives, whether that means expanding your product line, gaining access to new markets or acquiring technological capabilities. A comprehensive financial analysis will help determine the target's profitability, debt levels and potential for sustainable growth. Planning for integration is equally important. Companies need a detailed approach to merging operations, harmonising supply chains, managing culture and aligning systems across the combined business. Risk management should also be prioritised, with clear strategies in place to address potential risks such as regulatory barriers, market volatility and operational disruptions.

While M&A activity in the food industry offers significant opportunities for growth and diversification, these transactions are not without legal and operational complexity. Success depends on a clear understanding of evolving market trends, strong legal and regulatory awareness, and thorough preparation throughout the deal process. By staying informed and taking a strategic, risk-aware approach, companies can navigate this evolving landscape with confidence and position themselves for long-term success.

This was first published by DealMakers here: DealMakers Second Quarter 2025 M&A Rankings

Originally published 28 Aug 2025.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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