November 24, 2021

Dylan Carson Comments on DOJ Challenge to Sugar Merger With Global Competition Review

According to Global Competition Review, the Department of Justice (DOJ) Antitrust Division filed its first merger challenge under its new Senate-confirmed chief, seeking to block the proposed combination of two large sugar refiners. Antitrust partner Dylan Carson spoke to the publication about the significance of the case as the DOJ’s first Section 7 action under the leadership of Assistant Attorney General (AAG) for Antitrust Jonathan Kanter.

Carson said this was a compelling case for AAG Kanter “to come out swinging,” adding, “If you want to start a winning streak in merger litigation as an antitrust enforcer, challenging an alleged merger to duopoly is a good place to begin.” 

Carson also noted that the government historically has a higher chance of success in merger to duopoly cases than in cases where it cannot allege that the increase in market concentration triggers a presumption of anticompetitive effects under the Horizontal Merger Guidelines and the U.S. Supreme Court’s Philadelphia National Bank decision.

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