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Re: fellowshort1 post# 12334

Friday, 09/14/2012 12:02:55 PM

Friday, September 14, 2012 12:02:55 PM

Post# of 15297
I found some precedent that may be able to help AGIJ out! LAIDLAW ACQUISITION CORP., Plaintiff, v. MAYFLOWER GROUP, INC

Case Overview: Plaintiff was the largest private contractor engaged in busing school children; defendant company was second largest. Plaintiff commenced an action seeking declaratory and injunctive relief against defendants, challenging the constitutionality of the Indiana Takeover Offers Act. Defendants counterclaimed against plaintiff, alleging that plaintiff's acquisition of defendant company through its tender offer would violate § 7 of the Clayton Act, 15 U.S.C.S. § 18. The court noted that injunctive relief to prevent a violation of the Clayton Act was appropriate where an acquisition would have the specified anticompetitive effect in any line of commerce. Defendants' request for a preliminary injunction was granted because the parties together would account for ten percent of the American market in the contract operation bus service, and public interest weighed in favor of preservation of competition.

The main violation it looks like is in the Clayton Act.