Jeld-Wen Asks Full Appeals Court to Rethink Novel Merger Ruling

March 5, 2021, 8:19 PM UTC

Jeld-Wen Inc. asked the full U.S. Court of Appeals for the Fourth Circuit to reconsider a first-of-its-kind ruling by a three-judge panel unwinding its merger with a competing door manufacturer in response to an antitrust challenge brought by a rival rather than a regulator.

“This case is anything but a ‘poster child’ for divestiture,” as the Fourth Circuit called it, but rather “the ‘poster child’ for why private-party divestiture orders are problematic,” according to the rehearing petition Jeld-Wen filed Thursday.

The novel ruling, in defiance of settled precedent “and common sense,” is “a complete outlier” that “will have baleful ...

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