Law360: DOJ’s Penguin-Simon & Schuster Challenge Eyes August Trial

December 10, 2021

According to documents submitted in Washington, DC federal court, the US Department of Justice is eyeing an August 1, 2022 trial start date for its antitrust challenge to Penguin Random House’s US$2.18 billion purchase of Simon & Schuster. The DOJ challenged the proposed acquisition last month saying that it would harm “authors of anticipated top-selling books” and give the company outsized control over the industry. Penguin Random House hired Daniel Petrocelli, the veteran litigator who successfully defended AT&T’s US$85.4 billion purchase of Time Warner against an DOJ suit, to lead its defense. Penguin is represented by Petrocelli and a team of O’Melveny lawyers including M. Randall Oppenheimer, Andrew J. Frackman, Abby F. Rudzin, Courtney Dyer, and Julia Schiller.

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