MOST NOTEWORTHY: Mako Surgical, ArcSight and ICU Medical were today's noteworthy initiations:

• Mako Surgical (NASDAQ: MAKO) was initiated with an Overweight rating at JP Morgan. The firm believes Mako has the most compelling system for navigated, robotic assisted orthopedic surgery to date.
  
• After ArcSight (NASDAQ: ARST) reported better-than-expected results for its Q3 and guidance for Q4 that Wachovia views as positive, the firm, which initiated shares with an Outperform rating, expects that regulatory compliance initiatives such as SOX will help protect the company from the slowdown, and help result in upward revisions to Wachovia's estimates in the future, as well as margin expansion.
  
• Soleil believes ICU Medical's (NASDAQ: ICUI) close distributor relationship with Hospira (NYSE: HSP) will drive its CLAVE/Custom IV franchises. The firm started shares with a Buy rating and $33 target.

OTHER INITIATIONS:

• Bear initiated Journal Comm (NYSE: JRN) with an Outperform rating and $10.25 target.
  
• Royal KPN (NYSE: KPN) was initiated at Societe Generale with a Sell rating.
  
• Broadpoint assumed Nuance Comm (NASDAQ: NUAN) with a Buy rating and $22 target.

As the Private Equity deal juggernaut continues at a record pace, the Justice Department continues to send out letters in their probe of PE competitive behavior. The Wall Street Journal reported today that Merrill Lynch & Co., Inc. (NYSE:MER) has joined this inauspicious list. Other letters in the same form, I am sure, will be received by other players. Any Justice Department investigation is bad news and a distraction, and I am sure there is concern throughout the PE industry.

The question at hand is whether PE firms, in pursuing the "club" deals (many firms getting together to pursue a large target, like a bunch of hunters combining to wrestle an elephant) are "colluding" to bring down prices for the assets they are pursuing, thereby undertaking anti-competitive and thus illegal behavior. The Journal speculates that the Hertz transaction is under particular scrutiny. This was not only a large club deal but one where the buyers made a lot of money VERY quickly. To the Justice Department, I am sure, the fact that big bucks were made in short order MUST mean illegal activity. The Federal Government seems to frown upon large scale success, and therefore must investigate.

I have not seen any of these love letters and can only speculate about the investigation, but the facts of life in Private Equity do not support a case for collusion.