What happens if the parties have not divested within the time period required?
The failure to effectuate a required divestiture by the deadline in the order violates the order and subjects the parties to civil penalties of up to $11,000 per day per violation, in addition to other relief, pursuant to Section 5(l) of the FTC Act, 15 U.S.C. § 45(l). At the expiration of the divestiture period, in addition to considering whether to seek civil penalties and other relief, the Commission may appoint a trustee to accomplish the divestiture, including divestiture of crown jewels pursuant to specific order provisions; alternatively, it may hold off on doing so and still require the parties to continue their efforts to divest. The Commission’s options are not mutually exclusive.
