What is a hold separate order, and what is its purpose?
A hold separate order keeps the “eggs unscrambled” pending divestiture by requiring the divestiture assets to be operated separately from and independently of respondent’s business. It preserves the assets to be divested and maintains interim competition (as well as the Commission’s remedial options if it changes its views on the scope of assets to be divested after the public comment period) by preventing commingling with the respondent’s business. It prevents the transfer of competitively sensitive information. The purpose is to prevent interim competitive harm and to preserve the viability and competitiveness of the assets pending divestiture. By taking the assets out of the hands of the respondent, they should be better protected from intentional or unintentional physical or intangible deterioration that would impact their ability to be operated in a manner that maintains or restores competition. Further, the respondent should be unable to exercise any market power it might have ga
