Is The Government Losing Its Merger Home Field Advantage?

The conventional wisdom is that the government has a significant advantage when challenging mergers in court, and that this advantage is especially difficult to overcome when the government presents major customer witnesses opposing the transaction. However, three recent government court losses in which the FTC or Department of Justice teamed up with state attorney generals challenge that conventional wisdom.

11 minute read December 27, 2004 at 10:17 AM
By
John G. Calender
Is The Government Losing Its Merger Home Field Advantage?

The conventional wisdom is that the government has a significant advantage when challenging mergers in court, and that this advantage is especially difficult to overcome when the government presents major customer witnesses opposing the transaction.

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