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Overview
With new leaders recently put into place, Jonathan Kanter at the DOJ, Tim Wu at The White House, and most notably Lina Khan at the FTC, antitrust enforcement involving private equity is becoming a major priority of the new administration. Indeed, FTC Chair Khan recently outlined the Commission’s upcoming priorities and identified concerns about private equity as a leading priority. We will be addressing the antitrust issues that the FTC and other antitrust agencies will prioritize and how private equity firms can minimize their risks. At this Briefing, Vinson & Elkins’ lawyers Craig P. Seebald, W. Matthew Strock and Lindsey R. Vaala, and AlixPartners’ Managing Director Tasneem Chipty will discuss:
- Recent policy shifts at the FTC and DOJ -- what does that mean for private equity? (10 minutes)
- The recent wave of merger enforcement by the agencies -- we will discuss the new and changing rules by the antitrust agencies and the risk that completed deals might be challenged. (20 minutes)
- Importance of due diligence of assets and businesses acquired by private equity to avoid buying an antitrust problem -- we will discuss the theories by which private equity owners can be held responsible for the wrongdoing of portfolio companies. (15 minutes)
- Management of competing businesses by private equity and how to minimize antitrust exposure -- we will discuss the risks presented by owning minority interests in competing businesses as well as interlocking directorate concerns. (15 minutes)
Program Level: Update
Intended Audience: In-house counsel, outside attorneys, compliance, finance and other allied professionals advising private equity firms and practicing in the area of antitrust regulation and enforcement
Prerequisites: None
Advanced Preparation: None