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Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge | Foley Hoag LLP - Vimarsana News

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...

Fourth Circuit Affirms District Court's First-of-Its-Kind Divestiture Order in Private Merger Challenge | Mintz - Antitrust Viewpoints - Vimarsana News

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...