WASHINGTON, D.C. (April 23, 2013) — International law firm McDermott Will & Emery LLP represented Constellation Brands, Inc. (NYSE: STZ, STZ.B) to achieve the final agreement with the U.S. Department of Justice (DOJ) on terms of a settlement of the DOJ’s litigation challenging Anheuser-Busch InBev (Euronext: ABI; NYSE: BUD) and its acquisition of the remaining stake in Grupo Modelo, SAAB. de C.V. (BMV: GMODELOC) that it does not already own.
The agreement settles a DOJ lawsuit brought against the merger on January 31, 2013. The settlement requires ABI and Modelo to divest Modelo's entire U.S. business to Constellation for $2.9 billion or to an alternative purchaser if the transaction with Constellation is not completed.
The McDermott team, led by partner Ray Jacobsen, helped lead the negotiations with DOJ to secure the perpetual rights to the Modelo brands in the U.S., as well as acquire brewery operations in order to fully resolve the DOJ’s claims in its litigation challenging the proposed acquisition.
“We are delighted that the DOJ has approved this settlement for our client Constellation Brands, which will be the third largest beer company in the US," said Mr. Jacobsen. “McDermott is proud to have played a role in negotiating this significant divestiture, which included the first-ever use of predictive coding technology in an agency review. The Firm has a long history of representing companies in the beverage industry, and we are happy to have been involved in this important deal, which is transformational for our client and a big plus for beer consumers.”
The DOJ settlement was unique in its use of predictive coding to aid in the discovery process. The McDermott team proposed and worked alongside DOJ to facilitate this first use of predictive coding in an agency review. The program was instrumental in controlling costs of the litigation for Constellation Brands as well as increasing the efficiencies and timeliness of the discovery process.
In addition to Mr. Jacobsen, the full McDermott team included partners Warren Rosborough, Jon Dubrow, Carla Hine and Margaret Warner as well as associate Cerissa Cafasso.
McDermott’s Antitrust & Competition Practice Group has broad experience in all aspects of antitrust and competition law, spanning the United States, Europe and China. It is recognized as one of the leading antitrust/competition practices in the world. The Group’s more than 65 lawyers have a sophisticated practice that encompasses U.S. antitrust law, EC competition law and the competition laws of other countries throughout the world. The Group has lawyers with significant antitrust/competition experience in its Chicago, Houston, Orange County, Washington D.C., Brussels, Paris, and Milan offices.
About McDermott Will & Emery
McDermott Will & Emery is a premier international law firm with a diversified business practice. Numbering more than 1,100 lawyers, we have offices in Boston, Brussels, Chicago, Düsseldorf, Frankfurt, Houston, London, Los Angeles, Miami, Milan, Munich, New York, Orange County, Paris, Rome, Seoul, Silicon Valley and Washington, D.C. Further extending our reach into Asia, we have a strategic alliance with MWE China Law Offices in Shanghai.