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STEVES AND SONS, INC. v. JELD-WEN, INC.

No. 19-1397.

988 F.3d 690 (2021)

STEVES AND SONS, INC., Plaintiff-Appellee, and Samuel Steves; Edward Steves; John G. Pierce, Counter Defendants-Appellees, v. JELD-WEN, INC., Defendant-Appellant, and United States of America, Amicus Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: February 18, 2021.

Attorney(s) appearing for the Case

ARGUED: Paul D. Clement , KIRKLAND & ELLIS, Washington, D.C., for Appellant.

Taylor Mayly Owings , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States of America. Benjamin Joseph Horwich , MUNGER, TOLLES & OLSON, LLP, San Francisco, California, for Appellees.

ON BRIEF: Erin E. Murphy , C. Harker Rhodes IV , Erin E. Cady , KIRKLAND & ELLIS LLP, Washington, D.C., for Appellant.

Lewis F. Powell III , John S. Martin , Maya M. Eckstein , R. Dennis Fairbanks , HUNTON ANDREWS KURTH LLP, Richmond, Virginia; Marvin G. Pipkin , PIPKIN LAW LLP, San Antonio, Texas; Kyle W. Mach , Emily C. Curran-Huberty , San Francisco, California, Glenn D. Pomerantz , Ted Dane , Kuruvilla J. Olasa , MUNGER, TOLLES & OLSON LLP, Los Angeles, California, for Appellees. Makan Delrahim , Assistant Attorney General, Andrew C. Finch , Principal Deputy Assistant Attorney General, Michael F. Murray , Deputy Assistant Attorney General, Kristen C. Limarzi , Kathleen Simpson Kiernan , Antitrust Department, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Amicus United States of America.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Diaz wrote the opinion, in which Judge Floyd and Judge Rushing joined. Judge Rushing wrote a concurring opinion.

This case arises from JELD-WEN, Inc.'s acquisition of a competitor, CMI, in 2012. Four years later, one of JELD-WEN's customers, Steves and Sons, Inc., filed this suit challenging the merger. After a trial, a jury found that the merger violated the Clayton Antitrust Act and that Steves was entitled to treble damages. The district...

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