The US DoJ moves to vacate its loss in a booking services market acquisition decision on the basis that the competition effects may heighten the agencies’ burden of proof and merger enforcement (Sabre / Farelogix)

On May 12, 2020, the Department of Justice moved the U.S. Court of Appeals for the Third Circuit to vacate the U.S. District Court for the District of Delaware’s U.S. v. Sabre Corp. opinion. In an opinion released on April 7, the court rejected DOJ’s challenge to the proposed merger of Sabre and Farelogix. Despite winning the DOJ litigation, the parties abandoned their merger before DOJ filed any appeal brief because the U.K. competition authority challenged their deal. Although the transaction was abandoned, DOJ’s motion to vacate reflects concern that the court’s reliance on the 2018 Ohio v. American Express Co. Supreme Courtdecision “could affect antitrust enforcement beyond the instant case.” Specifically, DOJ argued that “this ruling—if not vacated—could have an outsized effect on cases

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Jody Boudreault, Anthony W. Swisher, The US DoJ moves to vacate its loss in a booking services market acquisition decision on the basis that the competition effects may heighten the agencies’ burden of proof and merger enforcement (Sabre / Farelogix), 12 May 2020, e-Competitions May 2020, Art. N° 95155

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