McKool Smith principal John Briody was quoted in Bloomberg Law's article, “Novel Diverstiture Ruling Likely Leaves Merger Landscape Intact.” The U.S. Court of Appeals for the Fourth Circuit affirmed on February 18 an order that asked doormaker Jeld-Wen Inc. to divest a manufacturing plant it acquired in a merger. “Although never before invoked, the power to unwind mergers at the request of a rival has been there all along, hiding in plain sight in the plain text of the Clayton Act.” John explained, “In the antitrust bar, people knew this tool was in the toolkit. But will this embolden some people that wouldn’t otherwise seek this sort of remedy? That’s probably true… While it’s not groundbreaking to acknowledge its viability, to see it practically effected is noteworthy.” Read the entire article here.
