Peter J. Schwingler , Stinson LLP, 50 South Sixth Street, Suite 2600, Minneapolis, MN 55402, Daniel K. Hogan , Hogan McDaniel, 1311 Delaware Avenue, Wilmington, DE 19806, Counsel for Defendant-Appellee United Sugar Corporation.
Lee Hepner , 140 San Carlos Street, San Francisco, CA 94110, Katherine Van Dyck , American Economic Liberties Project, 2001 Pennsylvania Avenue NW, Suite 540, Washington, DC 20006, Counsel for Amicus Appellant American Economic Liberties Project.
Before: AMBRO, PORTER, and FREEMAN, Circuit Judges.
OPINION OF THE COURT
PORTER, Circuit Judge.
The government appeals the denial of its motion to permanently enjoin the acquisition of Imperial Sugar by United States Sugar Corporation. The District Court found that the government failed to identify the relevant product and geographic markets and thus failed to establish a prima facie case...
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