Federal Trade Commission Chairwoman Edith Ramirez issued the following statement regarding today's decision by the U.S. Supreme Court in Polypore International, Inc. v. FTC. In the decision, the Court declined to consider a July 2012 U.S. Court of Appeals ruling that found Polypore’s acquisition of rival battery component maker Microporous was anticompetitive and ordered its divestiture.
“Today’s U.S. Supreme Court ruling represents a victory for competition and consumers,” Ramirez said. “Not only does it affirm that Polypore’s 2008 acquisition of Microporous was anticompetitive, but by requiring the sale of Microporous it ensures that consumers will benefit from the competition between these rival firms.”
The Court’s decision to deny Polypore’s petition for certiorari in this case stems from a 2012 ruling by the U.S. Court of Appeals for the Eleventh Circuit, which upheld the FTC’s November 2010 Decision and Order against Polypore. The Commission ruled that Polypore, a North Carolina-based maker of battery components, had illegally acquired Microporous Products, L.P., a rival component manufacturer. The FTC found that the acquisition violated the antitrust laws by reducing competition in three of four North American markets for flooded lead-acid battery separators. In March 2010, an administrative law judge at the Commission ruled in favor of the staff, leading to Polypore’s appeal to the full FTC and eventually the U.S. Court of Appeals.
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(Docket No. 9327)