Antitrust - Merger - Divestiture Action

Authors

James S. Curtin

Abstract

The Supreme Court of the United States has held that the failing company doctrine cannot successfully be invoked as a defense to an anti-merger action unless defendant establishes both that the acquiring company is the only available purchaser and that there is dim or non-existent hope for reorganization of the failing company through bankruptcy procedures.

Citizen Publishing Company v. United States, 89 S. Ct. 927 (1969).

First Page

571

Recommended Citation

James S. Curtin, Antitrust - Merger - Divestiture Action, 7 Duq. L. Rev. 571 (1969).
Available at: https://dsc.duq.edu/dlr/vol7/iss4/6