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Divestiture Appeals

BCLP

A New Wrinkle in Antitrust Litigation - Private Plaintiff Forces Divestiture

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On February 18, 2021, the Fourth Circuit Court of Appeals upheld a district court’s ground-breaking order requiring divestiture several years after a completed merger. With hindsight, the merger was found to be...more

WilmerHale

Fourth Circuit Affirms First-Ever Decision Requiring Divestiture in Private Antitrust Case

WilmerHale on

On February 18, the Fourth Circuit affirmed a district court decision ordering a divestiture in a private merger challenge. Although the FTC and DOJ have successfully challenged a few closed transactions, the Jeld-Wen...more

Foley Hoag LLP

Court of Appeals Affirms Divestiture from a Consummated Merger in First-of-Its-Kind Private Antitrust Challenge

Foley Hoag LLP on

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...more

Latham & Watkins LLP

Jurisdictional issues in deals involving joint ventures: Review of the General Court judgment in HeidelbergCement and Schwenk...

Latham & Watkins LLP on

The judgment provides useful jurisdictional clarifications for deals involving joint ventures (JVs) acting as an acquirer. The General Court (GC) confirms that when the true players behind the transaction are the parent...more

Foley & Lardner LLP

Federal Judge Refuses FTC Request to Block Hershey/Pinnacle Deal; FTC to Appeal

Foley & Lardner LLP on

Hospitals and other providers who have been tracking Federal Trade Commission (FTC) and Department of Justice Antitrust Division hospital merger challenges over the last several years will want to take note of the federal...more

McDermott Will & Emery

Ninth Circuit Affirms Divestiture of Consummated Physician Practice Acquisition

The U.S. Court of Appeals for the Ninth Circuit affirmed an Idaho federal district court’s decision ordering the divestiture of a physician practice group that had been acquired by a competing health system. The case, which...more

Robinson & Cole LLP

Ninth Circuit and Massachusetts Superior Court Release Important Antitrust Decisions

Robinson & Cole LLP on

The Ninth Circuit Court of Appeals and a Massachusetts Superior Court each recently released decisions dealing with alleged violations of antitrust prohibitions that implicate a number of important issues surrounding health...more

Sheppard Mullin Richter & Hampton LLP

In Highly-Anticipated Decision, Ninth Circuit Affirms That Hospital-Physician Group Merger in St. Luke’s Violated Section 7 And...

On February 10, 2015, the Ninth Circuit issued its highly-anticipated decision at the intersection of health care and antitrust, affirming the lower court’s finding that a hospital-physician group merger completed nearly...more

Bracewell LLP

Ninth Circuit Holds that Acquisition Violates Antitrust Laws

Bracewell LLP on

On February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court decision finding that the merger of two healthcare providers in Idaho violated antitrust laws. St. Alphonsus Medical Center-Nampa...more

Saul Ewing LLP

Ninth Circuit Affirms Divestiture Order in St. Luke’s/Saltzer Medical Group Acquisition

Saul Ewing LLP on

In an opinion issued February 10, 2015, the U.S. Court of Appeals for the Ninth Circuit affirmed a year-old decision by the Idaho District Court which held that St. Luke’s Health System’s acquisition of the Saltzer Medical...more

Williams Mullen

Fourth Circuit Adopts More Demanding Test for Exercise of Objective Prudence by Retirement Plan Fiduciaries -Tatum v. RJR Pension...

Williams Mullen on

In the latest ruling in a long-running battle arising from company stock fund divestments, the U. S. Court of Appeals for the Fourth Circuit has underscored the importance of procedural prudence in the management of plan...more

Akin Gump Strauss Hauer & Feld LLP

Ralls Case: How It Will Impact the CFIUS Process

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

Eversheds Sutherland (US) LLP

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

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