Decision-Makers Stress Markets In Recent Merger Challenges

By Matthew Perlman (April 29, 2022, 3:16 PM EDT) -- The decision-makers who ruled on two government merger challenges recently highlighted the importance market definition plays in deciding cases, in delivering postmortems on the Justice Department's victory in its first arbitrated merger case and a rare Federal Trade Commission loss on a hospital deal.

U.S. District Judge Gerald J. Pappert, of the Eastern District of Pennsylvania, and Kevin Arquit, the chief legal officer for meat producer JBS USA, spoke in a panel discussion earlier this month during the American Bar Association's annual spring antitrust meeting.

Judge Pappert presided over the FTC's unsuccessful bid to block the $599 million merger between Philadelphia-area health care...

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