Real deadlines and real consequences
Real deadlines and real consequences Maribeth Petrizzi, Bureau of CompetitionAug 6, 2020A close read of the Commissons action in this case yields some timely advice for any company that is subject to a divestiture order.
Real deadlines and real consequences
- A close read of the Commissons action in this case yields some timely advice for any company that is subject to a divestiture order.
- Any deadline in a Commission order is a real deadline, and failure to meet the deadline can have real consequences.
- That means that if the order requires a divestiture by June 15, you must have completed the divesture, including closing, by June 15.
- Under applicable case law, failure to divest on time is a per se violation of an FTC order.
- The Commission has the discretion to seek civil penalties for any failure to divest by a deadline contained in an order.
- Additionally, each violation of the order is a separate offense, and maximum potential penalties are calculated for each day of each violation.
- Compliance reports are an important opportunity to alert the Commission to any problems and concerns about meeting the divestiture deadline.
- Inadequate compliance reports may constitute separate violations of the order, which could lead to additional civil penalties, as it did in ACT.
Maribeth Petrizzi, Bureau of CompetitionAug 6, 2020