Planes, Trains And Ships: Criminal Antitrust
The Biden administration recently issued a sweeping Executive Order [1] aimed at protecting and enhancing competition, and…
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The Biden administration recently issued a sweeping Executive Order [1] aimed at protecting and enhancing competition, and…
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 in Section 7 cases. Private parties have previously succeeded in enjoining mergers before closing. ...
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 have previously succeeded in enjoining mergers before closing. Moreover, in California v. American...
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 prosecute anticompetitive conduct affecting U.S. labor markets were not just empty threats. Such char...