Department of Justice reviews takeovers in fragmented industry
‘I think it will be a grinding process,’ iAnthus CEO says
California Pot Users Turn Out In Droves To Ring In Legal Sales
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IAN IANTHUS CAPITAL 3.38 CAD
LABS INC Private Company
ENTERPRISES INC Private Company
RECREATION INC Private Company
CRESCO LABS Private Company
The U.S. cannabis industry is highly fragmented, yet at least six acquisitions are languishing in the purgatory of Department of Justice antitrust reviews.
It’s ironic, as there’s certainly no risk of a cannabis cartel forming anytime soon. It’s also one of the primary reasons that many publicly traded U.S. cannabis companies have fallen 40% to 50% from their 2019 highs.
The industry consensus is that the reviews are the result of a government that’s trying to get up to speed on a new industry, rather than genuine concern about a pot monopoly, meaning the stock sell-off may be overdone.
“If you came in with a plastics deal they’ve probably got bios and databases on every plastics company in the history of mankind; you come in with cannabis and they would have no idea how big a company is or what they do,” said Hadley Ford, chief executive officer of iAnthus Capital Holdings Inc., whose recent acquisition of MPX Bioceutical escaped review and closed in February.
Here’s a list of the takeovers that are currently facing a holdup at the Department of Justice, according to Canaccord Genuity analyst Matt Bottomley:
ACQUIRER TARGET
Cresco Labs Inc. Origin House
MedMen Enterprises Inc. PharmaCann
Harvest Health & Recreation Inc. Verano Holdings
Curaleaf Holdings Inc. Select
Curaleaf Holdings Inc. Grassroots
Green Growth Brands Inc. Moxie
Bottomley believes the reviews are keeping some investors on the sidelines, since many of these companies are relying on the pending deals for aggressive pro-forma revenue growth.
However, “we believe the risk of the DOJ taking a hard stance against sector M&A on antitrust considerations is low given the nascent and disaggregated nature of the sector brought on by continued prohibition at the federal level,” Bottomley wrote in a note last week.
He expects the Department of Justice to begin approving deals as soon as next month, with Cresco’s proposed acquisition of Origin House the first to go. “As a result, we believe the closing of sector M&A could be the most near-term and material positive valuation catalyst in the sector for investors to get ahead of,” he said.
U.S. pot stocks are off 40-50% from 2019 highs
Curaleaf is the subject of two separate antitrust reviews for its $949 million acquisition of the Select brand and its $875 million takeover of closely held multi-state operator GR Companies Inc., known as Grassroots.
The cannabis deals that were announced late in 2018 and in the first quarter of this year should begin to receive approval in the fourth quarter, Curaleaf Chairman Boris Jordan told Bloomberg TV recently. However, that wouldn’t include his own company’s acquisitions, which were announced in May and July.
Over at iAnthus, Ford is less optimistic that the Department of Justice will act quickly.
“I can’t imagine any of them get denied ultimately but I think it will be a grinding process while the DOJ gets up the curve at everyone’s expense,” he said.
Upcoming Events This Week
WEDNESDAY 9/11
Aurora Cannabis Inc. reports its fiscal fourth-quarter results after markets close
CannaRoyalty to hold its annual general meeting
Cientific Group holds the International Conference on Cannabis and Medicinal Research in Osaka, Japan through Sept. 12
THURSDAY 9/12
The Grow Up Conference & Expo runs in Niagara Falls, Ontario, through Sept. 14
Arcview Group and Muisca Capital Group host the Cannabiz Latino Hub Impact Investment Summit in Bogota
The Females to the Front retreat, for “female founders and funders in the cannabis space,” is held in Palm Springs, California, through Sept. 15
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