09Oct
Peabody and Arch Coal Walk Away from Joint Venture After District Court Grants FTC’s Request for Preliminary Injunction
On September 29, 2020, Judge Sarah Pitlyk, a 2019 Trump appointee to the Eastern District of Missouri, granted the Federal Trade Commission’s request for a preliminary injunction barring two thermal coal producers, Arch Resources and Peabody Energy Corporation, from creating a joint venture of their Wyoming coal mining facilities. The case is instructive for multiple reasons, including as a reminder that Section 7 of the Clayton Act is not limited to acquisitions, but can be used to challenge...
By:
Mintz - Antitrust Viewpoints
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