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M&A

What Is Fairness Opinion?

A fairness opinion is a formal assessment by an independent financial advisor stating whether a transaction price is fair to shareholders from a financial point of view. It provides legal protection for boards and is standard in significant M&A transactions.

What Is a Fairness Opinion?

A fairness opinion is a letter from an independent financial advisor to a board stating that the offered price is fair from a financial point of view. It does not recommend whether to approve the deal — only whether the price is fair.

Why They Matter

Boards have fiduciary duties requiring proper care in evaluating prices. A fairness opinion provides evidence of fulfilled duties and protects against shareholder lawsuits alleging unfair pricing.

The Analysis

The advisor performs comparable companies analysis, precedent transactions, DCF analysis, premiums paid analysis, and LBO analysis (if relevant). They review management projections, assess strategic alternatives, and consider non-price deal terms.

Who Provides Them

Investment banks and specialized boutiques (Houlihan Lokey, Evercore). The advisor must be independent. Conflicts arise when the M&A advisor also provides the opinion — some boards engage a separate firm.

When Required

Standard in public company M&A, going-private transactions, related-party transactions, and management buyouts. Presented in proxy statements with methodology and assumptions.

Limitations

Only addresses price from a financial perspective. Does not evaluate strategic merits, whether all alternatives were explored, or long-term impact. Based on information at a point in time.

Why Interviewers Ask About This

Fairness opinions demonstrate understanding of governance and advisory aspects of M&A. Interviewers ask what they cover, what analyses support them, and why boards seek them. This shows awareness of institutional and legal M&A frameworks.

Common Mistakes

Saying it recommends whether to do the deal — it only addresses price fairness

Not understanding the conflict when the M&A advisor also provides the opinion

Thinking it guarantees legal protection — it is evidence of process, not a safe harbor

Forgetting it is based on a specific point in time

Related Terms

Frequently Asked Questions

Does it mean the deal is good?

No. It only states the price is fair financially. It does not evaluate strategic merits, integration risks, or alternatives. The board separately evaluates these factors.

Who pays?

The company receiving the opinion. Fees range from $1-5M for large transactions. Fees should not be contingent on closing to preserve independence.

What analyses are included?

DCF, comparable companies, precedent transactions, and premiums paid analysis. The advisor reviews projections, assesses alternatives, and considers non-price terms.

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