Nelson Mullins partner Andrew Lee was recently quoted in an article published by MLex, a market-leading publication for antitrust practitioners. The article analyzes the proposed $2.2 billion acquisition of HanesBrands by Gildan Activewear. The deal would unite two of the largest global suppliers of basic apparel, raising potential competition concerns due to overlapping product lines and prompting scrutiny from antitrust regulators.

Lee provided insight into potential antitrust considerations and defenses, featured in the following excerpt:

Andrew Lee, an antitrust partner at the Nelson Mullins Riley & Scarborough law firm, said the "crux of this investigation" is likely to be a debate over market definition, because it's hard to tell where the basic apparel sector "begins and ends."

An overly narrow definition of the relevant market could overstate the likely impact of this transaction if it fails to consider the influence of attire on the margins of the market, such as athleisure and comfort attire, Lee said. 

"I would love to see the parties' internal documentation to see how they describe it," he said. "I think that will drive a lot of the analysis."

Subscribers can read the full article here.