David Reichenberg, Mar 19, 2013
Preliminary injunctions in antitrust cases are sought most frequently-almost exclusively in fact-in the merger context. Perhaps this is because, to some degree, the fate of such motions is often outcome determinative. Namely, if the Government’s PI motion is granted, that often results in the abandonment of a deal, and vice versa. Even though a District Court may be working with a limited record in a highly fact specific inquiry, both parties are willing t
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