Amy Wollensack Quoted by Law360 on Draft DOJ, FTC Merger Guidelines

July 21, 2023

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For its article “New Merger Guidelines 'Want To Turn Back The Clock',” Law360 quoted Akin corporate & finance partner Amy Wollensack. The article reports on draft guidelines prepared by the Department of Justice and the Federal Trade Commission on mergers and antitrust matters, guidelines that it reports return to earlier legal theories about permissible corporate concentration.

Law360 notes that the guidelines appear to be particularly concerned with private equity firms, with the draft guidelines targeting “rollup strategies” by which private equity buys up small pieces of a market incrementally. Amy, whose practice focuses on representing private equity funds and their portfolio companies in transactions, including mergers and acquisitions, said that she does not anticipate that the new guidelines would generate any additional interest in private equity deals. She noted, “The analysis is the same. It’s just an additional data point and something our clients should be looking at.”

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