CASE COMMENTS: EUROPEAN AND INTERNATIONAL LAW – UNITED-STATES – MERGER – INJUNCTION – STRUCTURAL COMMITMENT
The U.S.: The Eastern District Court of Virginia orders a company resulting from a recent merger to divest a door manufacturing plant in order to restore competition in the interior door market (Steves and Sons / Jeld-Wen)
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The case recently decided by the court of the Eastern District of Virginia is interesting for several reasons. In particular, it reveals the very high antitrust risks that certain companies that result from a merger approved by the Department of Justice may face.
In this case, after the U.S. competition authority cleared the unconditional merger of two door manufacturers, Justice Payne, in an antitrust lawsuit brought by a competitor, imposed on the new entity created the divestiture of one of its door manufacturing plants, a structural remedy, in order to restore competition in the market. In other words, the Steves and Sons v. Jeld-Wen judgment shows how
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