Welcome to the Commercial Roundup for July 26, 2023. With the U.S Supreme Court and the highest courts of New York and Texas on hiatus, the Supreme Court of Delaware and nine of the 13 U.S. Courts of Appeals supplied the commercial decisions that Roundup has cut into little pieces for you to sample.
If you work much on antitrust lawsuits, you learn the names of cases that inspire strong feelings on both sides of the "v." Concord Boat lives in that realm.
The Eighth Circuit ruled after a jury trial in Concord Boat Corp. v. Brunswick Corp., 207 F.3d 1039 (8th Cir. 2000), that 24 boat-makers had no antitrust
The Antitrust Division of the U.S. Department of Justice and the U.S. Federal Trade Commission issued new merger guidelines today.
If we can take the things that antitrust enforcers have said about the guidelines and enforcement generally in the last year or so as any guide, the update will make passing pre-merger muster harder to achieve.