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Academic Articles Awards > Mergers

Transfer of Venue in Government Merger Challenges

Farrell Malone and George S. Cary, Antitrust, Summer 2014

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When the Antitrust Division of the Department of Justice challenged Microsemi’s acquisition of Semicoa in 2008, it filed the complaint in the Eastern District of Virginia. Microsemi filed a motion under 28 U.S.C. § 1404 to transfer the case to the Central District of California, where Microsemi is based. Until this transfer motion in Microsemi, merging parties in government antitrust challenges essentially accepted the DOJ’s choice of forum. Microsemi started a trend—since 2008, defendants in three subsequent merger cases, FTC v. LabCorp, United States v. H&R Block, and FTC v. Graco have moved to transfer venue, in each case moving to transfer out of the District Court for the District of Columbia. The merging parties in these cases have generally succeeded: motions to transfer venue were granted in three out of the four cases.

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