Benjamin Dryden Comments on DOJ’s Recent Record in Litigated Merger Challenges
Foley & Lardner LLP partner Benjamin Dryden is quoted in the Law360 article, “DOJ’s Merger Record Improves & Other Early 2023 Highlights,” discussing the U.S. Department of Justice’s (DOJ) recent record in litigated merger challenges.
The DOJ’s shutdown of the proposed partnership between American Airlines and JetBlue “was a big win for the Department of Justice that has had a number of trial losses,” said Dryden, who is vice chair of Foley’s Antitrust Practice Group.
Dryden also commented on the DOJ’s decision to drop their challenge to UnitedHealth Group Inc.’s purchase of Change Healthcare Inc. The DOJ’s argument was rejected by a U.S. District judge who found that sufficient steps were being taken to address competition concerns.
“When the DOJ dropped that appeal, it was a signal they really didn’t want to dig a hole for themselves” in future cases,” Dryden explained. He added that the ruling in the case “pretty much lays out what parties need to do to have a successful divestiture package that can cure an otherwise anticompetitive merger.”
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