Are there cases in which the package of assets to be divested comprises an ongoing business, but the Commission has nonetheless required an buyer up front?
A. The Commission may require a buyer up front for an ongoing business if, for example, the business is so specialized that the Commission is concerned that there are very few acceptable buyers. The Commission may also require a buyer up front for an ongoing business if it concludes that even a hold separate agreement will not effectively minimize the interim competitive harm pending a post-order divestiture. See, e.g., Siemens/Vodafone, Dkt. No. 4011. See Q.19.
Related Questions
- In cases in which the Commission required that certain contract rights be divested or assigned, how have firms handled the problem of a third party with some rights in these contracts?
- Are there cases in which the package of assets to be divested comprises an ongoing business, but the Commission has nonetheless required an buyer up front?
- Under what circumstances does the Commission require that an entire package of assets be divested to a single acquirer only?
