DealZone

Comcast: the antitrust sequel and the M&A trilogy

If you were all twitchy with anticipation about Comcast’s NBC Universal deal, just wait for parts two and three! The gathering storm over the merger in Washington and other political power points not only promises to be more riveting, but the rights to part three are already being sold to a wave of media mergers hanging on the outcome.

As Anupreeta Das reports, media dealmaking could pick up if regulators impose minimal conditions on the NBC Universal transaction. But U.S. regulatory scrutiny is expected to be heavy, and the deal could take more than a year to be cleared. The LegalTimes blog notes that even the beauty contest among regulators hoping to oversee the process promises to have many twists and turns.

That might sound like a long wait, but it’s not likely to stop M&A lawyers from booking lunches and logging hours to get the balls in place to roll if the deal goes through. That kind or pressure could also work its way behind the scenes in Washington, where lobbyists will be armed with the argument that the merger will save capitalism as we know it by reigniting the dealmaking powderkeg of the early part of this century.

Dow Chemical: Official Rainmakers’ Punching Bag

Poor Dow Chemical.

Not only did the company end up having to buy Rohm and Haas at basically the same steep price it agreed to last year, but it has also become the favorite target of lawyers, bankers and maybe even judges at the Tulane Corporate Law Institute, an annual gathering of top dealmakers.

Timothy Ingrassia, head of Goldman Sachs mergers and acquisitions business in the Americas struck the first blow on Thursday morning.

 ”You’ve already had Dow Chemical’s unique interpretation of the merger agreement. There was never a transaction that made Apollo look better,” Ingrassia said, referring to private equity firm Apollo’s previous efforts to get out of an agreement to buy Huntsman Corp. 

An (early) day in court for Dow and Rohm

Lawyers for Dow Chemical Co and Rohm and Haas faced off on Wednesday over whether Wachtell, Lipton, Rosen & Katz should be disqualified as Rohm’s lawyers because the firm had once represented Dow.

The arguments mostly focused on the issues of whether Dow could be considered a current client of Wachtell, whether Wachtell should have informed Dow that it had taken on Rohm and Haas as a client, and whether Dow should have objected to Wachtell representing Dow before litigation had commenced. But the arguments did stray at a few points into the merits of the case.

At one moment, Chancellor William Chandler, the judge hearing the case, asked Dow lawyer David Bernick, a partner at law firm Kirkland & Ellis, about the company’s defense in the case.