Antitrust Enforcement Hits Private Equity

Law360, New York (March 14, 2007, 12:00 AM EDT) -- Private equity investment is on the rise. This increase in the number and size of transactions is drawing attention not only from media outlets, but also from antitrust enforcement agencies.

Historically, private equity firms and other “financial” buyers have faced little antitrust scrutiny, certainly in comparison to strategic buyers, an advantage that financial buyers push with sellers in the M&A process.

The Federal Trade Commission’s recent challenge of the Carlyle Group and Riverstone Holdings LLC investment in Kinder Morgan, however, confirms that even partial investments by...
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