Diane Alter Profile
Diane Alter

@diane_alter

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Followers
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Investigative Antitrust/M&A/Pre-Event Reporter. Insights and updates. Views are my own

Joined March 2011
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@diane_alter
Diane Alter
3 months
In a July 11 evening interview with CNBC affiliate KDKA money editor Jon Delano, Nippon Steel vice chair Takahiro Mori said he is confident the US Steel transaction can close in the second half of 2024. $X #CFIUS #DOJ #merger
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@diane_alter
Diane Alter
1 year
$MSFT Microsoft/Activision $ATVI will meet today's 5pm UK CMA appeal deadline. #mergers #antitrust
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@diane_alter
Diane Alter
3 months
Mori reiterated commitments not to change US Steel’s name & to move its headquarters for US operations from Texas to Pittsburgh. As for the review by the Committee on Foreign Investment in the US, Mori said he is prepared to modify the deal as necessary to obtain clearance. $X
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@diane_alter
Diane Alter
1 year
New Zealand Commerce Commission gives clearance for $MSFT Microsoft to buy Activision Blizzard $ATVI #merger
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@diane_alter
Diane Alter
10 months
JetBlue $JBLU Spirit $SAVE versus #DOJ Bench Trial scheduled for Thursday, November 30 Friday, December 1, & Monday, December 4 is canceled. Closing arguments scheduled for 9AM on Tuesday, December 5, 2023. Both sides have reached the end of the witness lists. #merger
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@diane_alter
Diane Alter
9 months
Re $JBLU $SAVE #DOJ the decision is indeed a top priority with Judge Young, and it is an all hands on deck situation. There is no update as to the exact day the decision will be released but the Court is aware of the interest of this decision. JetBlue/Spirit #merger
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@diane_alter
Diane Alter
9 months
$JBLU $SAVE #DOJ : Judge Young is actively working on the decision. No read thru on CEO Hayes decision to step down. No one has any insight into forthcoming verdict #merger
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@diane_alter
Diane Alter
10 months
Alaska Airlines & Hawaiian Airlines to combine in $1.9bn deal. $ALK to pay $18 a share for $HA. Interesting timing with $JBLU JetBlue/Spirit $SAVE versus #DOJ trial closing arguments set for Tuesday, Dec. 5, with each side allowed 1 hour. #antitrust #mergers
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@diane_alter
Diane Alter
10 months
Notice of supplemental authority filed today re $JBLU $SAVE suggests the parties recognize judge is focused on the proposed remedy. The language cited pushes the notion that the remedy doesn't have to be perfect in eliminating all lessening of competition. #merger #DOJ #Antitrust
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@diane_alter
Diane Alter
2 years
Judge Jesse Furman has denied Bristol Myers Squibb's $BMY motion to dismiss the UMB (Pentwater) suit, which serves as Trustee under the $BMYRT CVR Agreement, on behalf of the CVR holders, alleging that BMS had breached the CVR Agreement
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@diane_alter
Diane Alter
5 months
Judge Ferguson denies Albertsons/Kroger motion to dismiss WA state suit at this time $ACI $KR #merger #FTC
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@diane_alter
Diane Alter
8 months
JetBlue $JBLU informed Spirit $SAVE that certain conditions to closing as per July 28, 2022 #merger agreement dated may not be satisfied prior to the outside dates set & may be terminable on and after January 28, 2024.
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@diane_alter
Diane Alter
10 months
DOJ responds to $JBLU $SAVE notice of supplementary authority stating that even if “required to prove that a substantial lessening of competition is more likely than not, the evidence is overwhelming that such a substantial lessening is likely to occur...
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@diane_alter
Diane Alter
7 months
JetBlue $JBLU announces termination of #merger agreement with Spirit Airlines $SAVE #DOJ #antitrust
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@diane_alter
Diane Alter
1 year
Australian Competition & Consumer Commission re $MSFT $ATVI “We are closely monitoring developments in other jurisdictions, including receiving regular updates on the substantive issues from the parties & relevant stakeholders. The ACCC review timeline remains suspended.”
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@diane_alter
Diane Alter
5 months
Listening to Cleveland Cliffs $CLF call and relentless trashing of the US Steel $X Nippon Steel deal. Sounds like a bunch of guys who still haven't gotten over the fact they didn't get invited to the prom. #merger
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@diane_alter
Diane Alter
9 months
Re $JBLU $SAVE #DOJ , nothing has/had been on Judge Young’s calendar for this week.  Hearings are not scheduled for the week between Christmas and New Year’s. No update on when a decision will be entered. #mergers #antitrust
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@diane_alter
Diane Alter
1 year
Bristol Myers Squibb & Mirati have entered into a definitive merger agreement $BMY to acquire $MRTX for $58. $MRTX stockholders will also receive one non-tradeable CVR for each share held, potentially worth $12.00 per share in cash
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@diane_alter
Diane Alter
9 months
Judge blocks $JBLU $SAVE #merger . A win for #DOJ
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@diane_alter
Diane Alter
1 year
$MSFT Microsoft and @PlayStation have signed a binding agreement to keep Call of Duty on PlayStation following the acquisition of $ATVI Activision Blizzard.
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@diane_alter
Diane Alter
1 year
JetBlue $JBLU Spirit $SAVE v #DOJ trial has been pushed out for 3rd time. Now starts Oct 31 instead of Oct 30 as Judge Young’s criminal case hearing USA v O’Donovan (22-cr-10141) spills into next week. The speedy trail act gives criminal cases precedence.
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@diane_alter
Diane Alter
4 years
Pentwater was successful in its efforts to change the #BMYRT trustee, with more than 55%. Gavin Wilkinson of UMB is now the official BMYRT trustee #BMY #BMYRT #FDA #liso -cel
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@diane_alter
Diane Alter
1 year
JetBlue $JBLU and Spirit $SAVE #antitrust #DOJ trial date start again pushed out amid 2 criminal cases on Judge Young's schedule. Now starts Oct 30 not Oct 23.
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@diane_alter
Diane Alter
8 months
$AMZN Amazon and $IRBT iRobot agree to terminate #merger
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@diane_alter
Diane Alter
10 months
that #DOJ ’s market shares do not reliably predict future competition. Defendants $JBLU $SAVE have easily satisfied their rebuttal burden by coming forward via evidence that entry barriers are low & are lowered further in certain airports via divestitures
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@diane_alter
Diane Alter
1 year
Broadcom $AVGO spokesperson confirms South Korea approval re VMware $VWM #merger . Reiterates closing expected on Oct. 30, 2023…
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@diane_alter
Diane Alter
9 months
$HPE to acquire Juniper Networks $JNPR for $40/share in all cash transaction valued at $14 billion #merger
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@diane_alter
Diane Alter
1 year
#FTC loses appeals court bid to temporarily block $MSFT Microsoft-Activision $ATVI #merger
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@diane_alter
Diane Alter
8 months
WA AG’s complaint re Albertsons/Kroger alleges the merger will increase groceries prices, remove a robust competitor & the divestiture package bears striking resemblance to $ACI’s failed divestiture re its 2015 Safeway acquisition. $KR said it will lower prices after the #merger
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@diane_alter
Diane Alter
10 months
$JBLU $SAVE re DOJ’s response to parties Notice of Supplemental Authority, “the context of a horizontal #merger where a plaintiff relies on market shares to establish it prima facie case, as #DOJ did, defendants can rebut the presumption by coming forward with evidence...
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@diane_alter
Diane Alter
10 months
Asian American Hotel Owners Association (AAHOA) representing ~2/3rd of $WH Wyndham and Choice $CHH franchisees, recent survey finds franchisees remain vehemently opposed to a potential business combination. Top concerns of franchisees include...
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@diane_alter
Diane Alter
1 year
Commission satisfied the #merger is unlikely to substantially lessen competition in any New Zealand market. “While $ATVI games, in particular Call of Duty, are popular with NZ gamers, our enquiries did not find they are likely to be ‘must have’ to compete with $MSFT in NZ."
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@diane_alter
Diane Alter
3 years
Bristol Myers Squibb must respond to UMB Bank’s complaint (Case 1:21-cv-04897) filed June 2 in NYC federal court by July 23 regarding the Celgene contingent value rights. CTFN reported June 5 that BMY would ask for an extension. UMB is delighted with Judge Jesse Furman. $BMYRT
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@diane_alter
Diane Alter
11 months
Broadcom & VMware today announced their expectation that $AVGO acquisition of $VMW will close soon, but in any event prior to the expiration of their merger agreement. #merger
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@diane_alter
Diane Alter
10 months
Pfizer Receives All Required Regulatory Approvals to Complete the Acquisition of Seagen $PFE $SGEN #merger
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@diane_alter
Diane Alter
10 months
$AYX Alteryx enters into definitive agreement to be acquired by Clearlake Capital Group and insight Partners for $4.4B or $48 .25/cash
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@diane_alter
Diane Alter
1 year
The 5 grounds $MSFT Microsoft Activision $ATVI merger appeal filed May 24 & published May 26 vrs UK CMA include 1: The CMA made fundamental errors in its assessment of the parties current position in cloud gaming services by failing to account for constraints from native gaming
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@diane_alter
Diane Alter
1 year
ORDER by Judge Jacqueline Scott Corley denying [313] Motion for Injunction Pending Appeal. #FTC $MSFT $ATVI
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@diane_alter
Diane Alter
2 months
TowerBrook and CD&R will acquire all the outstanding common stock of $RCM that TowerBrook does not currently own for $14.30 per share. #merger
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@diane_alter
Diane Alter
1 month
Nippon Steel announces governance policy for US Steel: US Steel to remain a U.S. company owned by Nippon Steel North America, NSNA, a New York corporation that has operated in the United States for over 50 years …$X
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@diane_alter
Diane Alter
1 year
VmWare $VMW & Broadcom $AVGO subject to receipt regulatory anticipated eff before open 10/30 - NYSE delisting notice
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@diane_alter
Diane Alter
1 year
The #FTC has reached a deal with drug giant $AMGN Amgen allowing the company’s $27.8bn purchase of Horizon Therapeutics $HZNP to move forward.
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@diane_alter
Diane Alter
6 months
Tapestryresponds: There is no question that this is a pro-competitive, pro-consumer deal and that the #FTC fundamentally misunderstands both the marketplace and the way in which consumers shop. $TPR & Capri $CPRI operate in an intensely competitive & highly fragmented industry…
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@diane_alter
Diane Alter
27 days
MNC Capital Partners sent a letter to $VSTO Vista Outdoor stating “MNC is now prepared to offer an increased all-cash purchase price of $43/share for $VSTO despite substantial market headwinds for consumer spending and softness in Vista’s recent quarterly results.”
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@diane_alter
Diane Alter
1 month
Nippon Steel responds: Nippon Steel is aware of the rumors regarding our proposed transaction with $X US Steel. We have not received any update related to the CFIUS process. Since the outset of the regulatory review process, we have been clear with the administration…
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@diane_alter
Diane Alter
2 months
The proposed #merger of Alaska Airlines & Hawaiian Airlines cleared an important milestone. The regulatory review period for the #DOJ has ended. The proposed merger remains subject to the receipt of the US DOT's approval of an interim exemption application $ALK $HA
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@diane_alter
Diane Alter
8 months
$JBLU $SAVE #DOJ appeal Defendants-appellants' motion to expedite this appeal is resolved as follows: (1) defendants-appellants shall file their brief by 5:00 p.m. on February 26, 2024, as they have proposed;
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@diane_alter
Diane Alter
5 months
On May 7 $ALK Alaska Air & $HA Hawaiian certified substantial compliance with the #DOJ 's 2nd request. The certification triggers the start of the 90-day period described in the prior paragraph. This period expires on August 5, 2024. #merger
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@diane_alter
Diane Alter
5 months
EU clears acquisition of US Steel $X by Nippon Steel $NPSCY $CLF #merger #DOJ
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@diane_alter
Diane Alter
6 months
Tapestry/Capri $TPR $CPRI the only outstanding antitrust regulatory approval/clearance for the #merger is #FTC . The parties have obtained antitrust regulatory approval or clearance for the transaction in all other jurisdictions.
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@diane_alter
Diane Alter
7 months
Anyone else see the irony that two of the plants in the background video of USW’s endorsement of President Biden are foreign-owned (Huhtamaki and Kumho Tire)? $X
@steelworkers
United Steelworkers #EverybodysUnion
7 months
Our union proudly endorses @POTUS Joe Biden for the 2024 presidential election. With his track record of supporting working people, we're eager for his administration's continued progress on our core issues. #USW #Steelworkers #1u #Biden2024
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@diane_alter
Diane Alter
9 months
Cerevel #CERE & AbbVie $ABBV filed their respective HSR Act notifications on Dec 15 regarding their Dec 6 announced #merger under which $ABBV will acquire $CERE for $45 share/cash. The waiting period under the HSR Act is set to expire at 11:59 pm ET on January 16
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@diane_alter
Diane Alter
9 months
JetBlue announces Joanna Geraghty, $JBLU's president & COO, will succeed Robin Hayes as CEO on Feb 12. Hayes will continue to serve on the company’s BOD until then at which point Geraghty will join the Board. Hayes will serve as $JBLU strategic advisor over the coming months
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@diane_alter
Diane Alter
3 years
UMB for $BMYRT on 09142021 filed its 30 page opposition to $BMY's June 3 motion to dismiss alleging $BMY repeatedly breached the Diligent Efforts provision of its CVR Agreement by improperly delaying FDA approval of liso-cel to try to avoid liability and billions in damages
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@diane_alter
Diane Alter
1 year
$MSFT “We appreciate the thoughtful consideration of the New Zealand Commerce Commission of our $ATVI acquisition & welcome its decision to clear it unconditionally. This acquisition will ultimately benefit the gaming industry & gamers. We continue to work toward closing”
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@diane_alter
Diane Alter
1 year
Top 5 Activision $ATVI shareholder on #FTC attorney seen at SF courthouse with Sony PlayStation 5: "Maybe playing video games would be a better use of FTC's time than FTC's case." $MSFT
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@diane_alter
Diane Alter
1 year
Re $BMY $12 CVR if MRTX drug gets approved within 7yrs. PH2 trial not expected to start until 1H24. Very hard to put any value on the CVR. $BMYRT
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@diane_alter
Diane Alter
1 year
Amazon $AMZN on iRobot $IRBT. “We’re pleased with the UK Competition and Markets Authority’s decision and are committed to supporting regulatory bodies in their work. We look forward to similar decisions from other regulators soon.”
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@diane_alter
Diane Alter
1 year
UMB Bank (Pentwater) v. Bristol-Myers Squibb $BMYRT status conference Oct 26 3pm via phone. To date the parties have served non-party subpoenas on multiple parties & document productions from non-parties are ongoing. No settlement discussions... $BMY
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@diane_alter
Diane Alter
7 months
US Steel $X and Nippon Steel joint statement, “We will continue to advocate for this deal, and we are confident that fair and thoughtful evaluation will result in its approval.”
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@diane_alter
Diane Alter
6 months
Alaska $ALK & Hawaiian $HA entered into a timing agreement with the #DOJ agreeing not to consummate the #Merger before 90 days following the date on which both parties have certified substantial compliance with the Second Request.
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@diane_alter
Diane Alter
1 year
April 14, attorneys for $BMYRT class action suit filed a consolidated 2nd amended complaint with a jury trial demanded. Suit alleges that despite an expedited review $BMY successfully delayed #FDA ’s regulatory approval of Liso-cel for just enough time to avoid the $6.4bn payout..
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@diane_alter
Diane Alter
1 year
L3Harris $LHX advised that the #FTC will not block its $4.7bn Aerojet Rocketdyne $AJRD transaction. Deal to close on or before July 28
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@diane_alter
Diane Alter
1 year
Activision $ATVI & $MSFT Microsoft's $69 billion deal wins #EU approval #merger
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@diane_alter
Diane Alter
1 year
$MSFT: We are grateful the UK’s Competition Appeal Tribunal has conditionally agreed to pause the formal appeal process subject to additional information. As we’ve said before, we are considering how the transaction might be modified to address the CMA’s concerns…$ATVI
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@diane_alter
Diane Alter
10 months
12/8 US CA District Court court filing shows Kroger $KR & Albertsons $ACI have a 60-day timing agreement with #FTC . Both certified Nov 15 & agreed not to consummate the #merger prior to Jan 17. During an Oct status conference they said the deal would not close earlier than Feb 14
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@diane_alter
Diane Alter
9 months
AG General Bob Ferguson filed lawsuit today to block $KR Kroger-Albertsons $ACI #merger Ferguson asserts the proposed merger of the 2 largest supermarket companies in WA will severely limit shopping options for consumers & eliminate vital competition that keeps grocery prices low
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@diane_alter
Diane Alter
1 year
$MSFT: After today’s court decision in the US our focus now turns back to the UK. While we ultimately disagree with the CMA’s concerns, we are considering how the transaction might be modified in order to address those concerns in a way that is acceptable to the CMA $ATVI
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@diane_alter
Diane Alter
7 months
Karuna Therapeutics $KRTX / Bristol-Myers Squibb $BMY #merger waiting period under the HSR Act expired
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@diane_alter
Diane Alter
10 months
Mirati $MRTX shareholders on Dec 13 approve proposed Bristol Myers Squibb $BMY #merger . Closing subject to HSR expiration/termination & receipt of any clearances or approvals required by antitrust authorities in other jurisdictions. Closing expected in 1st half of 2024
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@diane_alter
Diane Alter
8 months
DOJ filing re $JBLU $SAVE request for expedited appeal: Appellants motion to expedite threatens to rush the briefing of a complex appeal covering a wide range of findings that were the result of a 17 day trial with a record exceeding 10,000 pages & testimony of 22 witnesses...
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@diane_alter
Diane Alter
9 months
Cerevel $CERE and AbbVie $ABBV pull and refile their respective HSR notifications. New expiration is 11:59 pm Feb 16 #merger
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@diane_alter
Diane Alter
2 years
Bristol Myers Squibb’s response to the class action suit bought by shareholders after $BMY failed to receive the 3 necessary #FDA approvals by milestone dates to pay $6.4bn ($9 per CVR) is due June 13. $BMYRT
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@diane_alter
Diane Alter
11 months
EC restarted the clock on its investigation into $AMZN $1.65 billion #acquistion of iRobot $IRBT decision deadline is February 14
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@diane_alter
Diane Alter
2 years
Re Tegna $TGNA transaction: Standard General to ask FCC for expedited hearing and to narrow the scope of the hearing. Will cite several unprecedented actions by #FCC #mergers #DOJ
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@diane_alter
Diane Alter
23 days
As Nippon Steel’s acquisition of US Steel faces a potential #CFIUS & Biden block the #DOJ , FTC, & the Japan Fair Trade Commission met yesterday marking the 25th anniversary of the signing of an agreement between the US & Japan concerning cooperation on anticompetitive issues. $X
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@diane_alter
Diane Alter
8 months
Colorado Attorney General Phil Weiser files lawsuit to block proposed Kroger/Albertsons merger $KR $ACI #merger #antitrust
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@diane_alter
Diane Alter
11 months
Broadcom $AVGO plans to close VMware $VMW #merger on November 22
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@diane_alter
Diane Alter
9 months
Alaska Airlines $ALK & Hawaiian $HA filed their HSR notices with the #DOJ & #FTC in connection with their pending #merger on Jan 8. The initial 30 day waiting period expires at 11:59pm ET on Feb 7
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@diane_alter
Diane Alter
1 year
$AMGN Amgen spokesperson: We are not aware of any decision made by the Commission.  We will provide any appropriate updates when we have more information. $HZNP #merger #FTC
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@diane_alter
Diane Alter
1 year
$AMZN on today's FTC suit: Today’s suit makes clear the FTC’s focus has radically departed from its mission of protecting consumers and competition. The practices the FTC is challenging have helped to spur competition and innovation across the retail industry...
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@diane_alter
Diane Alter
9 months
ANSYS to be acquired by Synopsys $SNPS $ANSS shareholders will receive $197.00 in cash and 0.3450 shares of Synopsys common stock for each Ansys share, representing an enterprise value of approximately $35 billion #merger
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@diane_alter
Diane Alter
11 months
On Nov 3, Capri $CPRI & Tapestry $TPR each received a 2nd request from the #FTC in connection with the agency's review of the #merger . Capri continues to expect that the Transaction will be completed in calendar year 2024
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@diane_alter
Diane Alter
5 months
Judge denies Capri $CPR Tapestry $TPR motion to dismiss #merger #antitrust #FTC
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@diane_alter
Diane Alter
8 months
Icahn Capital LP (Carl Icahn) discloses 9.91% passive stake as of February 1 in JetBlue $JBLU
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@diane_alter
Diane Alter
8 months
ImmunoGen $IMGN & $ABBV AbbVie HSR waiting period with respect to their #Merger with expired at 11:59 p.m. on February 7, 2024, without action by the FTC. Company expects the closing of the transactions contemplated by the Merger Agreement to occur on or about February 12, 2024.
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@diane_alter
Diane Alter
3 months
Macy’s $M announces that following months of engagement with Arkhouse Management and Brigade Capital its Board has unanimously determined to terminate discussions with both that have failed to lead to an actionable proposal with certainty of financing at a compelling value
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@diane_alter
Diane Alter
7 months
Capri $CPRI Tapestry $TPR file for EU antitrust approval for CPRI M&A deal #merger
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@diane_alter
Diane Alter
8 months
RayzeBio $RYZB and Bristol Myers Squibb $BMY intend to file all notification and report forms relating to the transactions ( #merger ) as required by the HSR Act on January 25, 2024
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@diane_alter
Diane Alter
2 months
Per delisting notice: $CERE Cerevel Therapeutics & AbbVie $ABBV #merger is tentatively scheduled to close prior to the market open on Aug 1. In anticipation of the closing, the stock will be halted immediately following the after-hours session at or around 7:50 today July 31
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@diane_alter
Diane Alter
1 year
UK CMA blocks Microsoft $MSFT Activision $ATVI deal over concerns the deal would alter the future of the fast-growing cloud gaming market, leading to reduced innovation and less choice for UK gamers over the years to come. #merger
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@diane_alter
Diane Alter
1 year
JetBlue $JBLU Spirit $SAVE versus #DOJ trial start date delayed 1 week to Oct. 23 due to criminal trials to be held prior to the commencement of this matter & reviews schedule with counsel #antitrust
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@diane_alter
Diane Alter
1 year
Intercontinental Exchange & Black Knight announce they have entered into an Agreement Containing Consent Orders with #FTC Bureau of Competition regarding $ICE’s purchase of $BKI. The ACCO contains agreed form of consent order to be submitted to #FTC FTC for acceptance& approval
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@diane_alter
Diane Alter
1 year
$MSFT on CMA $ATVI decision. “We remain fully committed to this acquisition and will appeal. The CMA’s decision rejects a pragmatic path to address competition concerns and discourages technology innovation and investment in the United Kingdom…
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@diane_alter
Diane Alter
9 months
Wyndham Hotels $WH today confirmed receipt of a 40-page and 65-topic 2nd from the Federal Trade Commission #FTC in connection with Choice Hotels’ $CHH unsolicited proposed acquisition of Wyndham. #merger
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@diane_alter
Diane Alter
1 year
Silicon Motion $SIMO Terminates #merger agreement with MaxLinear $MXL & intends to Perdue Substantial Damages in Excess of the Agreement’s Termination Fee Due to MaxLinear’s Willful and Material Breaches of the Merger Agreement
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@diane_alter
Diane Alter
2 years
This is different from the UMB case and there should be no read-through. The above case alleges securities fraud while the UMB alleges breach of contract and uses a foundation of contract law. $BMYRT
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@diane_alter
Diane Alter
14 days
ISS, (4th update), recommends Vista Outdoor $VSTO shareholders vote AGAINST the (revised) proposed #merger with CSG and for the adjournment proposal.
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@diane_alter
Diane Alter
3 months
Stericycle $SRCL and Waste Management $WM each filed their notification and report form under the HSR Act on July 3, 2024. A special meeting for shareholders to vote on #merger will be held on Aug. 1
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@diane_alter
Diane Alter
2 years
Bristol Myers Squibb $BMY responds in 46 pages to Judge Jesse Furman’s motion to deny regarding the UMB (Pentwater) $BMYRT suit "denies each and every allegation..."
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