A Private Right to Seek Divestiture Under Section 7 of the Clayton Act – from Theory to Reality
By EsqSocial Corporation 26/02/21
Section 7 of the Clayton Act (15 U.S.C. § 18) prohibits mergers and acquisitions where “the effect may be substantially to lessen competition, or tend to create a monopoly.” Although drafted in part to address potential restraints “in their incipiency” based on an analysis of likely future effects of a transaction, Section 7 applies with equal force to consummated transactions....
By: Epstein Becker & Green