The US FTC imposes conduct remedies prior to clearing a vertical merger causing anticompetitive concerns in the soft drink industry (PepsiCo / Pepsi Bottling)

After a decade of what was perceived by many as relatively restrained merger enforcement, the Obama administration has repeatedly and vocally vowed to “reinvigorate antitrust enforcement” and to “take effective action to stop or restructure mergers that are likely to harm consumer[s]” [1]. Many have interpreted this call to action to mean that the U.S. antitrust agencies will more actively challenge proposed and consummated transactions that are arguably anticompetitive. Given the agencies’ historical preference for structural remedies (rather than behavioral or conduct remedies) [2], the expectation has been that the renewed enforcement efforts would force merging parties to accept broad divestitures or face the real risk of litigation. While it is still too early to reach broad

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Authors

  • Cleary Gottlieb Steen & Hamilton (Cologne)
  • Cleary Gottlieb Steen & Hamilton (Washington)

Quotation

Patrick Bock, Jeremy J. Calsyn, The US FTC imposes conduct remedies prior to clearing a vertical merger causing anticompetitive concerns in the soft drink industry (PepsiCo / Pepsi Bottling), 27 September 2010, e-Competitions September 2010, Art. N° 53246

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