The US District Court for the District of Columbia grants FTC request for preliminary injunction to block a 3-2 transaction in the market for electronic systems used to estimate the cost of collision repairs (CCC Holdings / Aurora Equity Partners)

On March 18, 2009, Judge Collyer of the United States District Court for the District of Columbia released the public version of a significant opinion supporting her order granting the FTC a preliminary injunction in connection with the proposed $1.4 billion merger of CCC Information Systems Inc. (CCC) and Mitchell International, Inc. (Mitchell), a firm owned by Aurora Equity Partners III L.P. Judge Collyer’s opinion reinforces a number of developments: • The FTC faces a lower standard, as articulated in FTC v. Whole Foods Mkt.,Inc., [1] to obtain preliminary injunctive relief in merger cases. • Market structure is resurgent as a primary focus of the FTC’s and court’s substantive § 7 analysis. • It can be very difficult for merging parties to rebut a presumption of likely anticompetitive

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)
  • The Brattle Group (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

Steven C. Sunshine, James A. Keyte, Benjamin C., Jr. Crisman, The US District Court for the District of Columbia grants FTC request for preliminary injunction to block a 3-2 transaction in the market for electronic systems used to estimate the cost of collision repairs (CCC Holdings / Aurora Equity Partners), 9 March 2009, e-Competitions Bulletin US Mergers in IT, Art. N° 45551

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