Burden of Production in Merger Cases Litigating Divestiture Fixes: Amicus Brief

Authors

Herbert Hovenkamp, University of Pennsylvania Carey Law School
Erik Hovenkamp, University of Southern California School of LawFollow
A. Douglas Melamed, Stanford Law SchoolFollow
Steven C. Salop, Georgetown University Law CenterFollow
Jennifer E. Sturiale, Delaware Law School, Widener UniversityFollow

Document Type

Court Brief

Publication Date

1-3-2023

Abstract

In this amicus brief to the D.C. District Court judge, Amy Berman Jackson, in the U.S. v Assa Abloy, we explain the legal and policy rationales for courts to place the burden of on the merging parties to produce sufficient evidence that the divestiture will preserve competition to rebut the anticompetitive structural presumption based on the market shares of the unremedied merger that was reported to the agencies in the Hart-Scott-Rodino filing.

Publication Citation

Motion for Leave to File Amicus Curiae Brief and Memorandum of Law in Support Thereof, United States v. Assa Abloy AB, No. 22-CV-2791-ABJ (D.C. Cir. Jan. 3, 2023).

Scholarly Commons Citation

Hovenkamp, Herbert; Hovenkamp, Erik; Melamed, A. Douglas; Salop, Steven C.; and Sturiale, Jennifer E., "Burden of Production in Merger Cases Litigating Divestiture Fixes: Amicus Brief" (2023). Georgetown Law Faculty Publications and Other Works. 2505.
https://scholarship.law.georgetown.edu/facpub/2505