Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge | Foley Hoag LLP
To embed, copy and paste the code into your website or blog: On February 18, 2021, the Fourth Circuit upheld a District Court’s first-of-its-kind divestiture order against Jeld-Wen Inc., which was seeking to overturn the lower court’s 2018 order requiring Jeld-Wen to spin off a factory it acquired as part of the acquisition of Craftmaster Manufacturing Inc. (CMI) as part of a private challenge to the acquisition. This is an important reminder that merger challenges can come not just from federal and state antitrust enforcers, but also from customers who are disadvantaged by the transactio...