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Whither “Neo-Brandeisian” Antitrust Enforcement: A Candid Conversation with Jonathan Kanter

FedSoc Forums

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Are We Vitalizing Section 8 of the Clayton Act?

Congress reaffirmed its commitment to Section 8 of the Clayton Act, which prohibits interlocking direct threats. So that's one area that people have interpreted as applying specifically to private equity firms because of their investments in companies. I've also talked about the importance of looking at roll-ups. When industries are being rolled up and there are trends toward concentration, something that is well established in the law.

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