The Delaware Court of Chancery issued an opinion on December 19, in In re Family Dollar Stores, Inc. Stockholders Litigation, that provides useful guidance on how directors may fulfill their fiduciary duties to obtain the best value for stockholders while taking into account antitrust risk.
The attached alert memo reviews those action items that boards should consider to assure compliance with their duty of care when navigating antitrust risk in this environment where stockholders are aggressively pushing for industry consolidation to boost returns.