Counsel for private equity giant KKR & Co. have dismissed a countersuit against the U.S. Department of Justice in D.C. federal court to pursue their claims in New York federal court, as both sides fight over premerger filing requirements.

Quinn Emanuel Urquhart & Sullivan and Rule Garza Howley are now asking a Manhattan federal court to issue an order declaring their client KKR did not violate the Hart-Scott-Rodino Antitrust Improvements Act.