Look at any recent merger settlement accepted by the Commission and the answer is clear: An acceptable merger remedy must eliminate the potential for anticompetitive effects that would likely occur if the merger were to proceed. Typically this means creating another competitor to take the place of one of the merging companies so that customers are not harmed by the merger. In short, a merger remedy must fix the specific competitive problems created by the merger.
Blog Posts Tagged with Manufacturing
Today, five years post-consummation, the Commission approved Polypore International, Inc.’s application to sell Microporous, a competitor it purchased in 2008. Polypore was ordered to divest the entire business it had purchased after the Commission determined that the merger had substantially lessened competition in violation of the antitrust laws.