Club Deal Class Action Survives — What This Means For PE

Law360, New York (August 5, 2013, 2:12 PM EDT) -- The long-running antitrust class action litigation challenging club deals and certain other practices was recently downsized but is still alive. The U.S. District Court for the District of Massachusetts' recent decisions in Dahl v. Bain Capital Partners LLC, et al. (on summary judgment motions) allow plaintiffs to proceed to trial against most defendants but narrow the grounds on which they may attempt to prove their “overarching conspiracy” theory, allegedly involving 27 separate transactions. While allowing that claim to go forward, the court made clear that it...
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