H&R Ruling Shows Old-School Merger Analysis Alive, Well

Law360, New York (November 18, 2011, 7:43 PM EST) -- Though the U.S. Department of Justice on Thursday claimed that its victory stopping H&R Block Inc. from acquiring the maker of TaxACT was a solid endorsement of its revised merger guidelines, the judge's reasoning itself took a by-the-book approach to antitrust review that relied little on the agency's updated policy, attorneys say.

Two weeks after U.S. District Judge Beryl A. Howell barred H&R Block's $287.6 million bid for rival 2SS Holdings Inc., the court issued an 86-page opinion embracing the DOJ's more limited market definition for...
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