Briefings in English - 2006

 Antitrust issues for private equity sponsors in auctions and club deals

Recent media reports of a US Justice Department inquiry into potential collusion among private equity firms in buyout consortia has brought into sharper focus certain antitrust risks faced by participants in markets for corporate control. This development highlights the need for careful monitoring and documentation of consortia formation, dissolution and participation in the auction market for companies and businesses. This briefing explains the key issues and their application to auctions, and sets out our suggestions for some practical steps bidders and their advisers might adopt to address the risks. (October 2006)

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