September 20, 2024 | Consumer Discretionary | North America | Active
Last week, we attended the federal court hearing for Capri / Tapestry, where the FTC is seeking a preliminary injunction (“PI”) to halt the deal until an FTC in-house administrative hearing rules on the merger’s merits. The federal hearing, presided over by Judge Jennifer L. Rochon at the US District Court for the Southern District of New York, began on 9-Sep-24, and concluded on 17-Sep-24, with closing arguments scheduled for 30-Sep-24. Based on past FTC PI cases, rulings typically occur two to three weeks after closing arguments, so this points to a decision in mid-to-late October 2024. The administrative hearing, originally scheduled for 25-Sep-24, has been postponed to 28-Oct-24 to allow the federal case to proceed. If the judge grants a PI, it could effectively end the deal, as the FTC’s in-house trial and a subsequent appeal could take months or years. If preliminary relief is granted, technically, the merger will not immediately fall through since the merger agreement extends until 10-Feb-25 and both parties are obliged to use “reasonable best efforts” to defend it. However, the uncertain timing of the administrative trial would likely push the companies to ...
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