Sysco/FTC Court Battle Over Sysco/US Foods Merger Begins

In opening arguments by Sysco's Richard Parker of O'Melveny & Myers and the FTC's Stephen Weissman, the two sides disagreed on whether there was a national market for food distribution.

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Lawyers for Sysco Corp. and the U.S. government argued on Tuesday over whether the largest U.S. food distributor should be allowed to merge with US Foods, its No. 2 rival, with the two sides relying heavily on confidential information to make their case.

In opening arguments by Sysco's Richard Parker of O'Melveny & Myers and the FTC's Stephen Weissman, the two sides disagreed on whether there was a national market for food distribution, whether "broadline companies" selling a wide range of goods constitute a separate market, and whether a long list of local markets were competitive.

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