Post-Merger Ruling Reminds Cos. To Close With Care

Law360, New York (February 13, 2008, 12:00 AM EST) -- On Jan. 25, 2008, the U.S. Court of Appeals for the Fifth Circuit denied a petition by Chicago Bridge & Iron Company N.V. (“CBI”) to review an administrative decision issued by the Federal Trade Commission (“FTC” or the “Commission”).[1]

The FTC’s administrative decision held that CBI’s acquisition of the Water Division and the Engineered Construction Division of Pitt-Des Moines Inc. (“PDM”) violated Section 7 of the Clayton Act and Section 5 of the FTC Act, and ordered divestiture.

The Fifth Circuit’s decision upholds the FTC’s administrative...
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