The AAG for the US DOJ Antitrust Division, Under Kanter’s direction an aggressive stance toward perceived anticompetitive conduct will be taken, echoing the changes in enforcement priorities at the Federal Trade Commission.
Soon after taking the helm at the Antitrust Division of the US Department of Justice (DOJ), Assistant Attorney General (AAG) Jonathan Kanter indicated that enforcement of ..
DOJ Antitrust Division Secures $8 5 Million in Bid-Rigging Penalties From Engineering Firm on Highway Water Projects | Faegre Drinker Biddle & Reath LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
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. Moreover, in California v. American Stores Co.,
3 the Supreme Court declared that private parties could obtain divestiture orders. However, private plaintiffs seeking divestitures have customarily been foreclosed by equitable defenses, such as (i) laches because of delays in initiating suit, (ii) the availability of damages or less-drastic equitable relief, or (iii) the greater damage dives