The FTC sent some pre-Valentine’s Day love to Campbell’s and Sovos Brands (the maker of Rao’s, Michael Angelo’s and Noosa). Yesterday, the soup company announced it received a certification of substantial compliance from the U.S. Federal Trade Commission (FTC) for its proposed $2.7 billion acquisition of Sovos Brands. That approval triggers the start of a 30-day waiting period, meaning the deal is now expected to close “within days” of March 11, the end of that window. ⏪ Campbell’s originally anticipated that the deal would close by the end of 2023 following its announcement in August. That timeline was delayed by October when the FTC requested additional information for its review process. 💭 “We’re excited to be one step closer to completing the acquisition…The Sovos Brands portfolio strengthens our Meals & Beverages division and paired with our fast-growing snacks division, will create one of the best portfolios in the industry,” said Mark Clouse, Campbell’s president and CEO, in a statement. 🤔 The news comes at a time when the FTC, under the direction of chairwoman Lina Khan, has adopted a hardline stance toward M&A and begun taking a microscopic look to assess potential monopolistic outcomes. Under Khan’s direction, the agency has broadened merger guidelines to evaluate not only whether consumers will face higher prices, but also whether it hinders entrepreneurial endeavors and whether workers will receive adequate wages and benefits. 🛒 This attitude has fueled plenty of speculation around the FTC’s inquiry into the proposed $24.6 billion mega-merger between Kroger and Albertsons. The deal’s deadline has already been pushed out and despite a $1.9 billion store divestiture plan to appease antitrust regulators – the grocery merger’s fate remains uncertain. Khan has stated her priority is to ensure that antitrust policies are pursued “in a way that’s benefiting everybody.” That same sentiment has been shared in the numerous lawsuits filed against the grocery chains by state AGs, lawmakers, labor unions and even consumers. They’ve aimed to block various aspects of the deal, including a special dividend payment to shareholders, and most recently, the merger itself. While Campbell’s recent regulatory win is a small feat compared to the pushback that Kroger/Albertsons faces, both will no doubt have lasting impacts on the future of M&A in the grocery space. |