Chris Sagers, the James A. Thomas Distinguished Professor of Law, was quoted in the Wall Street Journal for his views on a litigation tactic that took the antitrust community only slightly less by surprise than did U.S. District Court Judge Emmet Sullivan’s decision to enjoin the $6.3 billion merger of office supply chains Staples and Office Depot. The defense team’s decision to rest their case without putting on any evidence was apparently unprecedented in a litigated merger case. While no one knows for sure, the decision appears to have been made on the basis of Judge Sullivan’s several, much-reported in-court statements casting doubt on the government’s evidence.
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