On 20 September 2016, the European Commission fined Altstoff Recycling Austria (“ARA”) under Article 102 TFEU for abusing its dominant position in the Austrian waste management...28 September 2016
FTC Accepts New Entrant as a Remedy to Consolidation among Labware Suppliers
This remedy is somewhat unusual because the federal antitrust agencies typically require the divestiture of an autonomous, on-going business to remedy any alleged anticompetitive effects of a merger between competitors. Continuing relationships—like the one that will exist between Corning and Sigma-Aldrich for as long as 5 years if the Consent Agreement becomes final—are disfavored, according to the FTC’s Statement on Negotiating Merger Remedies, and usually only acceptable as additional relief to support a divestiture. This case, however, is an excellent example of how a supply agreement, without a divestiture, may satisfy FTC concerns about lost competition from a merger.
This issue may be of particular interest to:
• Firms considering strategic transactions. Companies should be aware of, and ask their counsel for advice on, the range of remedies that have been employed by the agencies in order to resolve competitive concerns; and
• Third-parties. Firms that are active in markets related to those in which an agency is reviewing competitive issues related to a transaction (similar to Sigma-Aldrich in this case) should be aware, and ask their counsel to keep tabs on, potential antitrust agency challenges in related industries. Potential agency challenges often present opportunities for third-parties to become buyers of divested assets, licensees of divested technology, or wholly new entrants.
Liability for anti-competitive behaviour by your employees and outside contractors: when you are off the hook and when you are not
In its recent VM Remonts judgment, the...02 August 2016