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.
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.