Can parties create such a package if an up front buyer is offered?
One concern, that a “mix and match” package of assets would not be attractive to a potential buyer, is eliminated by the presence of an up front buyer. However, simply finding an entity that is willing (even excited) to acquire a “mix and match” package of assets does not necessarily resolve the question whether competition in the relevant market will be maintained or restored. Staff and the Commission will still have to carefully review the buyer’s intentions and ability to operate the assets in a manner that maintains or restores competition in the relevant market(s). The burden remains on the parties and the buyer to convince staff and the Commission that the proposed divestiture will address any concerns about likely anticompetitive effects in the relevant market.
