The US DoJ brings for the first time a merger enforcement action using arbitration and forces the divestiture of aluminium production in North America (Novelis / Aleris Corporation)

DOJ Merger Enforcement Arbitration: A Sign of Things To Come?* On March 2020, the Antitrust Division Of the Department Of Justice successfully secured the divestiture by Novelis of Aleris Corporation’s North American aluminum production facilities in U.S. v. Novelis et al. with an unorthodox enforcement tool: arbitration. The decision marked the first time in history that a U.S. antitrust authority had brought a merger enforcement action using arbitration authorized by the Administrative Dispute Resolution Act of 1996 (5 U.S.C. §571 et seq.). Assistant Attorney General Makan Delrahim subsequently explained that “[i]n the right circumstances, the antitrust agencies can harness the strengths of arbitration and help ensure that the American public benefits from a speedy and sound

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)

Quotation

Karen M. Lent, Kenneth B. Schwartz, The US DoJ brings for the first time a merger enforcement action using arbitration and forces the divestiture of aluminium production in North America (Novelis / Aleris Corporation) , 9 March 2020, e-Competitions May 2020, Art. N° 98320

Visites 18

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues