Fourth Circuit Affirms District Court's First-of-Its-Kind Divestiture Order in Private Merger Challenge | Mintz - Antitrust Viewpoints
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 conc...
Source: jdsupra.com