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Men's clothing retailer companies' battle to lead merger


In a capitalistic society, mergers and acquisition are essential to economic growth. In most cases involving mergers and acquisitions, the corporate strategy is to find solutions that will help create both process and cost efficiencies. Executing the merger and acquisition of a corporate entity, however, can be a tough and complicated task. And, sometimes the process of actually merging two companies into one can take time.

It was recently reported that two men's clothing retail stores with locations throughout Colorado have yet to come to a deal over the creation of a combined entity. In the most recent move, Jos. A. Bank Clothiers Inc. turned down a $1.5 billion bid by Men's Warehouse to merge the two companies. Following the rejection, shares of Men's Warehouse fell 1 percent. Both retailers have been battling to find a solution and create a combined entity.

According to Reuters, Men's Warehouse made a bid for Jos. A. Banks just weeks after Banks bid for Men's Warehouse. The unusual retaliatory offer is known as the Pac-Man defense. While each company seems to be struggling to maintain independence, both are interested in a merger. A combined company would mean a total of 1,700 stores nationally. Prior talk of a merger raised concerns about possible antitrust implications.

Whenever a merger or acquisition is proposed between two companies, counsel for both businesses should look at the deal for antitrust implications. This should be done as soon as possible because in some cases it may be necessary to pre-notify the government of the merger. Ultimately, the best way to ensure that a merger is successful is to work with a business attorney who has experience conducting M&A transactions.

Source: Reuters, "UPDATE 2-Jos. A. Bank rejects Men's Warehouse takeover offer," Aditi Shrivastava, December 23, 2013

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