The Obama Trials

FTC v Sysco/US Foods

09 November 2017

Market definition and the pitfalls of litigating the fix On 19 February 2015, the afternoon that the Federal Trade Commission filed a lawsuit to block Sysco’s proposed acquisition of rival food-service distributor, US Foods, the agency’s litigation team gathered on the fourth floor of the FTC’s offices at Constitution Center to discuss what was in store over the ensuing weeks and months. Merger challenges are the Holy Grail for any antitrust lawyer who prizes antitrust litigation. For both government lawyers and defence counsel, no kind of antitrust litigation moves as quickly – and no case offers more meaningful opportunities for every member of the litigation team as a government challenge to a high-profile deal.