• DOJ Antitrust Division Wins Major Victory in H&R Block Case
  • November 18, 2011 | Authors: John D. Carroll; Donna N. Kooperstein; Jeffrey S. Spigel; Kevin R. Sullivan
  • Law Firm: King & Spalding LLP - Washington Office
  • On November 10, 2011, Judge Beryl A. Howell of the District Court for the District of Columbia handed the Antitrust Division of the Department of Justice (DOJ) a significant victory when she enjoined the proposed merger of H&R Block and 2SS Holdings, Inc. (TaxACT). The case, United States v. H&R Block, Inc., No. 11-cv-00948, is the first time that DOJ has gone to trial since 2004, when it failed to block Oracle’s acquisition of PeopleSoft, and is the first victory for DOJ in a tried merger case since 2003. It is also the first merger case litigated by DOJ since FTC’s and DOJ’s new Horizontal Merger Guidelines that were issued in 2010. The court granted a permanent injunction on October 31 but only released its memorandum opinion after the parties redacted confidential business information.