Door Maker Merger Case May Transform Behavioral Remedies

Law360 (August 2, 2019, 2:21 PM EDT) -- An unprecedented antitrust case is currently pending before the U.S. Court of Appeals for the Fourth Circuit. Steves and Sons Inc. v. Jeld-Wen Inc. is the first case in which a district court ordered a company to divest — i.e., sell off — one of its subsidiaries after a jury verdict finding that the acquisition violated the Clayton Act. 

The district court’s divestiture order was extraordinary and has received significant attention. But the district court also imposed several other just as notable “behavioral” or “conduct” remedies. Those remedies have largely flown under the radar — they are not even up on...

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