Last week the U.S. Court of Appeals for the Fourth Circuit upheld a district court order that had required the defendant to divest assets it had acquired nine years earlier.1 When the defendant acquired the assets, it sought and obtained antitrust clearance for the transaction under the Hart-Scott-Rodino Act (HSR Act).2 Nonetheless, the court held that the plaintiff was permitted to challenge the transaction after its consummation and that divestiture was an appropriate remedy after the district court concluded that the transaction violated Section 7 of the Clayton Act.
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