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A Key Decision For Joint-Bidding, Private Equity Funds

Law360 (February 22, 2008, 12:00 AM EST) -- On Feb. 21, 2008, a federal district court dismissed, with prejudice, an antitrust case brought against two private equity funds in connection with their joint agreement to acquire a publicly traded corporation in a context where the two previously had submitted separate bids.

The decision — the first to ever conclude that the practice of combining bids for corporate control does not violate the Sherman Act — is an important precedent for private equity funds contemplating joint-bidding agreements, and is significant in its application of the...
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