The US Department of Justice and merging parties submit market definition question to binding arbitration (Aleris / Novelis)

MERGERS AND ACQUISITIONS, MARKET DEFINITION, UNITED STATES OF AMERICA, ARBITRATION, ALUMINUM FOR AUTOMOTIVE APPLICATIONS* On September 4, 2019, the United States Department of Justice’s Antitrust Division sued to block Novelis, Inc.’s acquisition of Aleris Corporation, alleged to be a “new and disruptive rival” in a relevant market for “aluminum automotive body sheet (ABS)” sold to automakers in North America. [1] Instead of asking for a bench trial, however, the Division advised the Court that the parties had agreed to submit the case—specifically the “dispositive issue” of market definition—to binding arbitration after the completion of fact discovery, if they were not otherwise able to reach a settlement. [2] As authority for the referral to arbitration, the Division relied on a federal

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  • Constantine Cannon (San Francisco)

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Henry C. Su, The US Department of Justice and merging parties submit market definition question to binding arbitration (Aleris / Novelis), 4 September 2019, e-Competitions Bulletin October 2019, Art. N° 91908

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