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Court Should Reverse Flawed Antitrust Ruling

11 monthes ago   |   By Real Clear Politics

Antitrust law very rarely is applied to look backward in time to unwind a consummated deal. No court has ever granted a private plaintiff's request to unwind a merger after its closing. And with good reason: the federal premerger notification process has become a cornerstone of modern U.S. merger enforcement precisely because it generates post-closing certainty by subjecting transactions to pre-closing review by the Federal Trade Commission or the Department of Justice.
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