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Fourth Circuit Affirms Divestiture Order in Private Clayton Act Suit

Thursday, March 4, 2021 The 4th Circuit’s decision in Steves and Sons Inc. v. JELD-WEN Inc. 1 affirmed a district court’s order compelling an acquirer to divest the business of a competitor, which the court held had been acquired in violation of Section 7 of the Clayton Act. 2 The court described the case as the first instance in which a private party successfully compelled divestiture of a completed acquisition. Government antitrust enforcers commonly obtain divestiture orders...
United States Amy Klobuchar Bay Inc American Stores Sons Inc District Court Decision

The 4th Circuit Affirms Groundbreaking Divestiture Order in Private Clayton Act Suit Challenging Completed Merger | K&L Gates LLP

The 4th Circuit’s decision in Steves and Sons Inc. v. JELD-WEN Inc. 1 affirmed a district court’s order compelling an acquirer to divest the business of a competitor, which the court held had been acquired in violation of Section 7 of the Clayton Act. 2 The court described the case as the first instance in which a private party successfully compelled divestiture of a completed acquisition. Government antitrust enforcers commonly obtain divestiture orders in Section 7 cases. Private parties...
United States Amy Klobuchar Bay Inc Kl Gates American Stores Sons Inc

DOJ Brings Criminal Charges Against Anticompetitive Behavior

Tuesday, January 26, 2021 More than four years after first announcing its intent to criminally prosecute employers and individuals who enter into naked wage-fixing or no-poaching agreements with other employers, 1 the Department of Justice Antitrust Division (Antitrust Division) recently brought its first-ever criminal charges—in two different cases—for alleged anticompetitive conduct in labor markets. With these two criminal actions, it is clear that DOJ’s public promises to p...
United States Fort Worth Lauren Norris Donahue Neeraj Jindal Department Of Justice Antitrust Division Surgical Care Affiliates

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