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
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