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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The US District Court 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)
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