Un-consummated merger
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.
- 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.
- Although premerger review has contributed to effective and efficient merger enforcement for more than thirty years, there will be times – typically for transactions that do not require premerger notice under the HSR Act -- when the Commission must act after-the-fact to restore competition and protect consumers in markets with proven anticompetitive effects from a consummated merger.
- Second, an effective remedy in any acquisition is one that most closely replicates the competition that was lost due to the merger.
- The Bureau of Competition has developed a Statement on Negotiating Merger Remedies that provides guidance for how the Commission fashions effective relief for anticompetitive mergers, including those involving consummated deals.