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Carlyle deal for TCW back on after judge ruling

3 Dec 2012

Private equity giant Carlyle’s attempted buyout of LA-based asset manager TCW could be back on after a federal judge on Friday issued a prelimary injunction allowing the deal.

EIG filed a complaint with a Californian federal court in August in an attempt to stop Carlyle gaining access to privileged data held in partnership between EIG and TCW.

That joint venture was set up when EIG spun out from TCW early last year, to act as a clearing house for sharing some of the data from the firm’s funds.

US District Court Judge Christina Snyder has ruled the fund be placed into a trust pending the outcome of an arbitration case over whether EIG has the right to approve the sale, Reuters reported.

The trust ensures the fund will remain frozen until the arbitration is complete, and is enough to protect EIG’s interests according to Judge Snyder, the report added.

Both sides have claimed victory following the ruling, with EIG saying it is looking forward to the arbitration and TCW saying it was gratified the decision allows the transaction to proceed on schedule.

Carlyle told Reuters it was committed to the deal.

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