When does the Commission require a crown jewel provision?
A crown jewel is appropriate where there is a risk that, if the respondent fails to divest the original divestiture package on time (including to an up front buyer) or if the original divestiture falls through for some reason, a divestiture trustee may need an expanded or alternative package of assets to accomplish the divestiture remedy. This may be because another buyer may need a bigger (or different) package of assets to make the divestiture viable and competitive, or because it will likely be faster and easier for the trustee to sell a bigger, more complete package of assets later on.
