Monday, December 25, 2006
After the notice of appeal had been filed, the transaction at issue broke down. Dupont moved to dismiss its appeal and to remand the Court with instructions to dismiss the action. The Court agreed to do so, holding that while a voluntary cessation of allegedly illegal contact does not render an appeal moot where such cessation is a stategic litigation move, this is not the case where the party alleging the illegal contact asserts that the claim is moot and where the cessation of the alleged wrongdoer was not done to avoid a possible adverse decision by the Court. While the possibility that the acquiring company might at a later date seek again to acquire the other company, it was not attempting to do so currently. Hence, the case was moot.
The decision in E.I. Dupont de Nemours & Co. v. Invista B.V. can be found here.