Suit Wars: Men's Wearhouse versus JoS. A. Bank

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On October 9, 2013, JoS. A. Bank Clothiers Inc., a large U.S. retailer of men's tailored and casual clothing, footwear and accessories, made a hostile offer to buy its larger rival Men's Wearhouse. The latter made a counter-offer on January 6, 2014 in what is known as a Pac-man defence - the prey turned predator. JoS. A. Bank responded by adopting a poison pill, announcing the planned acquisition of Eddie Bauer, an outdoor apparel retailer. What started out as a simple offer had turned into a contest with multiple counter-offers and the deployment of several takeover defences. How should Eminence Capital, a New York-based hedge fund and the largest shareholder in both firms, react? How should each firm respond to the latest offer on it respective table?
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