Question: Your job as you read this short case study is to put yourself in the position of a government regulator evaluating whether or not Flower




Your job as you read this short case study is to put yourself in the position of a government regulator evaluating whether or not Flower Foods should be allowed to acquire Hostess Brands. Answer the following questions: 1. As a regulator, what are some reasons why you would NOT allow the acquisition by Flower Foods? (List at least SIX REASONS) Some of the reasons that I came up with are:| 2. As a regulator, what would want Flower Foods to do in order to satisfy your concerns about the acquisition? (Write at LEAST FOUR PARAGRAPHS). CASE STUDY: PUTTING WONDER BREAD BACK ON THE SHELVES CHALLENGE: When the company formerly known as Hostess Brands, the maker of Twinkies and Wonder Bread, filed for bankruptcy, many consumers feared that these beloved brands would disappear from supermarket shelves forever. SOLUTION: Flowers Foods, one of the largest bakers in the country and the producer of well-known brands such as Nature's Own and Tastykakes stepped in. The company agreed to be the "stalking horse bidder" in the bankruptcy auction for certain bread brands and related assets, including the Wonder, Butternut, Home Pride, Nature's Pride, and Merita brands, along with 20 bakeries and 38 distribution depots. Crowell & Moring served as antitrust counsel to Flowers Foods, helping the company secure regulatory approval pursuant to the Hart-Scott-Rodino Act.3 4 5 6 The Department of Justice conducted a six-month investigation because Flowers, while a regional baker, had a strong competitive presence in the Southeastern U.S. where some of the Hostess brands also had been significant. The matter raised novel issues at the intersection of bankruptcy law and antitrust law, especially whether the DOJ should seek to block a deal that had been approved by the Bankruptcy Court. Our team developed the winning strategy, explaining that Flowers would be in the best position to return the idle assets to the ECON252 Spring 2019Module 10 Case StudyAssignments Due April 1, 2019 marketplace and use them to expand competition. After a full second request document production and multiple depositions, we ultimately convinced the government to clear the deal unconditionally. RESULT: On July 22, 2013, Flowers Foods completed its acquisition of the brands for $355 million, giving the company expanded geographic reach as the country's second-largest baker, and ensuring that customers will continue to find these iconic brands in supermarkets. This was the company's largest transaction ever and one of the largest transactions in the U.S. bread industry. It is illustrative of our success in representing food and agriculture clients across a range of transactional, litigation, and counseling issues
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