Foreign Corporate Defendants Registering and Appointing an Agent natlawreview.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from natlawreview.com Daily Mail and Mail on Sunday newspapers.
Post Mallory v. Norfolk Southern Railway Co., are foreign corporate defendants “found within the district” for purposes of Rule B by registering to do business in New York and.
On July 13, 2023, the U.S. Court of Appeals for the Third Circuit declined to block the $315 million purchase of Imperial Sugar Company (“Imperial”) by United States Sugar Corporation.
Executive Summary Under the U.S. antitrust laws, enforcement agencies may block an M&A transaction only if they meet their burden to prove that the transaction’s “effect may be substantially to lessen competition.” 15 U.S.C. § 18. As courts have explained, this is a “totality-of-the-circumstances” inquiry, and they “weigh a variety of factors to determine the effects of particular transactions on competition” and “future competitiveness.” United States v. Baker Hughes Inc., 908 F.2d 981, 984 (D.C. Cir. 1990).In the modern era of antitrust law, one of these “variety of factors” has been the ability of a transaction to improve the performance of the combined entity, and thus to improve “future competitiveness” in the market. That is why the current Horizontal Merger Guidelines, as well as several prior iterations, explain: “a primary benefit of mergers to the economy is their potential to generat