Buyers Beware: An Increased Risk of Private Merger Challenges
By EsqSocial Corporation 25/02/21
On February 18, 2021, the Fourth Circuit affirmed the first court-ordered divestiture arising from a privately litigated merger challenge. The Court also upheld a $36 million damages award (post-trebling) in favor of the private plaintiffs and did not disturb the district court’s award of attorneys’ fees. The decision reinforces the ability and incentives for private parties to challenge allegedly anticompetitive transactions, even if already consummated......
By: King & Spalding