With Goldman, Bain Out, PE Players Pressured to Cut Deals

June 13, 2014

Gregory Asciolla discusses initial settlements in an antitrust case claiming price suppression in leveraged buyouts

In advance of the November 2014 trial, Bain Capital Partners and Goldman Sachs Group agreed to a $121 million settlement to resolve claims in Kirk Dahl et al. v. Bain Capital Partners LLC et al.

According to Labaton Sucharow antitrust partner Gregory Asciolla, “Those who tend to settle early and first tend to get the better deal.”

Regarding whether these settlements could work against the other defendants, he said, “Even the admissibility of evidence has become a contentious point where so much of the evidence relies on electronic exchanges. The momentum is now on the plaintiffs’ side. What was before a united front is now fractured.”