NetScout Systems Receives DOJ Antitrust Clearance for $2.6 Billion Acquisition

Washington, DC – April 28, 2015 – NetScout Systems, Inc. received unconditional clearance from the Antitrust Division of the U.S. Department of Justice (DOJ) for its proposed acquisition of the Communications Business of Danaher Corporation. The clearance follows the issuance of a Second Request by the DOJ, which occurred on December 24, 2014, and effectively extended the waiting period imposed by the HSR Act. As part of a negotiated timing agreement, NetScout agreed to delay close of the transaction until late May, making the DOJ's early decision to terminate its investigation without imposing any remedies a welcome development in the deal timeline.

NetScout is a market leading provider of performance analytics and operational intelligence solutions. The acquisition, which comprises Tektronix Communications, Arbor Networks, and certain parts of Fluke Networks, will increase NetScout's scale and broaden its customer base among both service provider and enterprise customers, while accelerating NetScout's entry into cyber intelligence.

Cooley advised NetScout on both the acquisition and the antitrust aspects of the $2.6 billion transaction.

The Cooley antitrust team advising NetScout was comprised of partner Jacqueline Grise, special counsel Parker Erkmann, of counsel Marc Schechter and associates Dee Bansal, Megan Browdie, Sharon Connaughton, David Burns, Mike Herring, and Julia Renehan.

The core Cooley M&A team that advised NetScout on the acquisition was comprised of partners Miguel J. Vega, Barbara Borden, who heads the firm's M&A practice, special counsel Heather Harrington, and associates Matt Ruderman, Michael Rohr and Julia Rohm-Ensing.

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