DOJ Enforces Non-Solicitation Merger Remedy
Source: The New York Law Journal. Reprinted with permission.
On August 14, 2020, the U.S. Department of Justice (DOJ) announced it agreed to settle charges that a telecommunications company violated a previous settlement agreement put in place to resolve a merger investigation and permit the merger to proceed. DOJ asserted that the company violated the prior agreement by soliciting customers of a business that it had agreed to divest. The divestiture and related non-solicitation provisions were designed to address government concerns that the proposed acquisition of another telecommunications company would have lessened competition in the market for fiber-optic-based telecommunications services in three cities. This latest settlement highlights important antitrust policy points for attorneys and their clients.
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