Main Menu



The Anti-Competitive Nature of Private Equity Collaboration: Legal Risks and Mitigation


On June 11, 2014, Bain Capital Partners LLC and Goldman Sachs Group Inc. agreed to settle for $121 million a lawsuit which claimed that Bain and GS colluded to keep prices down in leveraged buyouts. The settlement and the pending trial involving the remaining defendants is a reminder to private equity groups that attempts at collaboration and involvement in club deals may be viewed through an anti-competitive lens, opening up private equity firms to potential liability.  Overall, private equity firms need to be aware of the possibility of anti-competitive investigations and lawsuits occurring when firms collaborate. While the law is unclear as to how far private equity firms can collaborate, risks of anti-competitive action being taken against firms do exist and firms must be wary of these arrangements. The full alert is available here.


Practice Areas

Back to Page

We use cookies on our website to improve functionality and performance, analyze website traffic and enable social media features. By continuing to use our website, you agree to our use of cookies.