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remedy in equity was warranted considering the balance of hardships between plaintiff and defendant; and
the public interest would not be disserved by a permanent injunction.
The court held that the first two factors were satisfied following testimony that Steves would likely go out of business by September 2021 without equitable relief. As to the third factor, the court held that the threat to Steves’s survival outweighed Jeld-Wen’s hardships, which could be mitigated by ordering the divested entity to sell Jeld-Wen as many doorskins as needed for two years. Finally, the court concluded that the divestiture would be in the public interest because it would restore competition to the doorskin market. The court ordered the divestiture of the Towanda plant, to be auctioned if the order was affirmed on appeal.
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Congress recently took two steps towards incentivizing private participation in federal cartel enforcement: the permanent adoption of ACPERA, and enactment of the Criminal Antitrust Anti-Retaliation Act. While now companies may have permanent incentives to self-report cartel activity, and whistleblowing employees may be better protected from employer retaliation, no surge in individual cartel reporting should be expected absent direct whistleblower financial incentives, such as found in other federal enforcement regimes.
ACPERA Is Now Permanent
Signed into law in October 2020, the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act made permanent the provisions in ACPERA originally enacted in 2004 providing greater incentives for corporations to self-report and cooperate pursuant to the Department of Justice Antitrust Division’s Corporate Leniency Policy. ACPERA buttresses the Division’s p
Wednesday, February 24, 2021
Congress recently took two steps towards incentivizing private participation in federal cartel enforcement: the permanent adoption of ACPERA, and enactment of the Criminal Antitrust Anti-Retaliation Act. While now companies may have permanent incentives to self-report cartel activity, and whistleblowing employees may be better protected from employer retaliation, no surge in individual cartel reporting should be expected absent direct whistleblower financial incentives, such as found in other federal enforcement regimes.
ACPERA Is Now Permanent
Signed into law in October 2020, the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act made permanent the provisions in ACPERA originally enacted in 2004 providing greater incentives for corporations to self-report and cooperate pursuant to the Department of Justice Antitrust Division’s Corporate Leniency Policy. ACPERA buttresses the Division’s policy of giving amnest