United States v. H&R Block: The DOJ Invokes Brown Shoe to Shed the Oracle Albatross* On November 10, 2011, the U.S. Department of Justice won its first fully litigated merger challenge since its 2004 defeat in United States v. Oracle Corp. [1] In the interim, the Federal Trade Commission had litigated and won—albeit with an arguably lower injunction standard [2] —Section 7 challenges in FTC v. CCC Holdings Inc. [3] and FTC v. Whole Foods Market, Inc. [4] While the DOJ certainly had its share of abandoned transactions and consent judgments over the past several years, [5] the desire for a litigated win in the shadow of Oracle had become palpable in the hallways of the Antitrust Division. The lesson from United States v. H&R Block, Inc. (HRB), [6] however, is not just that the
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The US District Court for the District of Columbia blocks a merger between two digital do-it-yourself tax preparation software providers giving insight on an S. 7 challenge of the Clayton Act (H&R Block / TaxAct)
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