Mergers

Boston, MA – Antitrust law and the issue of merger enforcement continue to be plagued by judicial activism, straying from the conservative legal movement’s principles of interpreting the law rather than shaping it. The Clayton Act, enacted in 1914, tasked the Department of Justice with assessing whether a merger would “substantially lessen competition” or create a monopoly in any industry. However, recent antitrust trials have demonstrated that some courts are willing to allow anticompetitive actions, even in the face of overwhelming evidence. One such trial in Boston involves JetBlue’s proposed $3.8 billion acquisition of Spirit … Read more