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Preston Miller Quoted in CTFN on Litigating-the-Fix Cases
04.24.23
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Litigation Partner Preston Miller was quoted in an article titled, “USDOJ v. Assa Abloy: Proposed Remedy To Be Front and Center at Trial,” which was published by CTFN. The article previewed the upcoming trial for the DOJ’s challenge to the Spectrum Brands/Assa Abloy merger and examined how the agency has recently demonstrated less willingness to discuss remedies with merging parties and taken a tougher stance on merger settlements, resulting in companies turning to litigating-the-fix cases. Preston provided insights on the issues that can arise surrounding these types of cases, raising the question: “Whose job is it to prove the impact of the divestiture? The parties’ position is that the government must show, as part of their prima facie case, that the merger would harm competition, even taking the divestiture into account.”
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