The US Justice Department requested an “emergency motion” to appeal a judge’s ruling that US Sugar’s plans to buy Imperial Sugar were legal under antitrust law.
The department said it was “disappointed” following the court’s decision to allow US Sugar to acquire Imperial Sugar.
Brian Hanna, the attorney for the US Justice Department’s antitrust division who is involved in this trial, submitted the court filing on behalf of the department.
Assistant attorney general, Jonathan Kanter spoke on the decision at the time: “We are reviewing the opinion and will determine [the] next steps shortly. We are, as always, grateful for the Antitrust Division staff’s tireless work protecting and promoting competition.”
The Department of Justice filed a civil antitrust lawsuit in November last year to stop US Sugar from acquiring its rival, Imperial Sugar.
The complaint, filed in the US District Court for the District of Delaware, alleged that the transaction of approximately $315 million would leave a majority of refined sugar sales across the Southeast in the hands of only two producers. Consequently, they argued that American businesses and consumers would pay more for refined sugar.
A US Sugar spokesperson commented following the judge’s ruling: “The people of US Sugar remain pleased that the federal court ruled in our favour. We are confident that the District Court’s ruling will be upheld on appeal. We look forward to expeditiously closing this acquisition as planned, which will increase efficiencies, spur greater competition amongst the industry, decrease US reliance on foreign imported sugar and enhance the local Georgia economy—benefitting customers and consumers across the country.”
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