February 13, 2008. On November 16, 2006, Bain Capital and Thomas H. Lee Partners (“THL”) entered into an agreement to purchase a 70% interest in Clear Channel Communications for $28 billion. By the time that the transaction was scheduled to close, Bain and THL also would have passive equity interests in two competing radio operators – Cumulus Media Partners (“CMP”) and Univision Communications. Notwithstanding that the equity interests would be passive and with respect to Univision would be only 14%, the Antitrust Division alleged that the overlap between these competitors would result in higher prices for radio advertising and Spanish-language radio advertising in the geographic markets in which they compete. Accordingly, the Antitrust Division conditioned approval of the transaction on divestiture of the competing assets. Attached is a more in depth discussion of the transaction and Antitrust Division’s competitive concerns. Discussion(Bain&THL/Clear Channel) The DOJ Press Release and Competitive Impact Statement also are attached. DOJ Press Release (Clear Channel); Competitive Impact Statement (Clear Channel)
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Feb
28
Posted by : Matthew Wild | On : February 28, 2008
Category: Antitrust, Consent Decrees, HSR Review, Mergers and Acquisitions, Relevant Markets, Section 7 (Clayton Act), U.S. Department of Justice (Antitrust Division)
Tags:acquisition, Antitrust, bain, consent, divestiture, partial ownership, private equity, radio, thomas lee, U.S. Department of Justice