On December 11, 2002, the Department of Justice (DOJ) filed a proposed consent decree, permitting Northrop Grumman to proceed with its $7.8 billion acquisition of TRW. Northrop Grumman/TRW shows that the DOJ and the Department of Defense (DOD), which plays a leading role in reviewing defense industry transactions, continue to bring cases based on possible competitive issues from vertical consolidation in the defense industry. But, perhaps most notably, the agencies accepted unusually broad “behavioral” remedies to address competitive concerns. It is important to recognize, however, that the defense industry is unusual in several respects. Northrop Grumman/TRW should not be read to suggest that the antitrust agencies are likely to begin accepting similar far-reaching behavioral remedies
The US DOJ demands conduct remedies in the form of establishing firewalls and publishing non-discriminatory criteria before clearing the vertical merger between a satellite producer and a payload supplier (Northrop Grumman / TRW)
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