A US District Court revives concern that some "club deals" could violate the antitrust laws (Bain Capital Partners)

Companies that have participated in or plan to participate in joint bidding practices in the context of corporate acquisitions (otherwise known as “club deals”) may risk some unwanted antitrust scrutiny from shareholders and others. A recent decision by the United States District Court for the District of Massachusetts allowed shareholders of entities acquired by such practices to proceed with lawsuits against the acquirers. The Court in Dahl v. Bain Capital Partners LLC (No. 07-12388, 2008 WL 5206990 (D.Mass. Dec . 15, 2008)) denied a motion to dismiss an antitrust claim alleging that private equity firms that had jointly participated in a number of the same acquisitions violated Section 1 of the Sherman Act by engaging in a wide-scale conspiracy to allocate the leveraged buyout

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Milbank, Tweed, Hadley & McCloy (New York)
  • White & Case (New York)
  • White & Case (New York)
  • White & Case (New York)

Quotation

Mark Mandel, Gregory Pryor, Olivier Brahmst, Martin Toto, A US District Court revives concern that some "club deals" could violate the antitrust laws (Bain Capital Partners), 28 February 2008, e-Competitions Bulletin Financial services, Art. N° 37110

Visites 362

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues