Challenging competitors' mergers: a real strategic option

Article Abstract:

Competitors should consider private suit when antitrust enforcement agencies decide not to enjoin mergers involving rival companies, and recent case law demonstrates that it is possible to overcome summary judgment when suing as a competitor. Antitrust courts are typically more interested in protecting competition than they are in protecting competitors, but litigation, even if ultimately unsuccessful, can alter merger plans. Plaintiff-competitors are most likely to survive summary judgment if they can demonstrate that high market share will result, that predation is a risk and that triable issues exist.

Mergers & Acquisitions, Laws, regulations and rules, Standing (Law)

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Merger litigation from the birth of General Dynamics to the death of section 7

Article Abstract:

Section 7 of the Clayton Act is unlikely to be repealed, but it is evident that the US Supreme Court's decision in United States v. General Dynamics Corp. fundamentally changed the course of merger enforcement. While the Court's decision to find the Dept of Justice's market share and concentration evidence insufficient was surprising, prior Supreme Court rulings excusing weaknesses in the government's cases actually laid the foundation for the reversal. More recent case law has confirmed that anticompetitive harms, and not numbers, should be the focus of merger inquiry.

Merger Regulation, Regulation, Licensing, and Inspection of Miscellaneous Commercial Sectors, Corporation law, Testimony, Market share

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Merger analysis in the '90s: the guidelines and beyond - judicial perspective

Article Abstract:

The judge who tried a merger preliminary injunction hearing between PPG Industries and Swedlow, Inc looks back on the experience. He cautions antitrust lawyers that their judge will probably be a generalist and they should be prepared to educate him. His ruling was affirmed by the appellate court as to the finding of market concentration but remanded with instructions for a full-stop injunction rather than the preliminary one.

Unfair competition (Commerce), Unfair competition

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