How Minority Shareholders Can Limit FTC Antitrust Scrutiny

Law360 (June 3, 2020, 5:28 PM EDT) -- The acquisition of majority ownership of competitive enterprises unquestionably raises potential antitrust concerns. Much less clear is whether a fund owning minority investments in competing companies raises similar concerns.

Whether such common minority interests harm competition has been the subject of several academic papers and speeches, but the debate has remained largely within the academy.

U.S. antitrust authorities have not yet brought any cases or public investigations challenging passive minority ownership in competing companies, but enforcement agencies are paying attention. The antitrust analysis of these common minority interests raises interesting and challenging questions, including whether, and to what extent, the existing...

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