The US Department of Justice provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of aluminum sheet (Novelis / Aleris)

In Short: The Situation: The United States Department of Justice Antitrust Division ("DOJ") has provided details on the unprecedented use of arbitration to resolve its challenge to the proposed acquisition of Aleris Corporation by Novelis Inc. The Significance: Companies now have greater insight into the factors DOJ will consider when contemplating arbitration in antitrust matters. This could prove to be a positive development for companies—and for the government—to the extent it facilitates faster resolution of critical issues without incurring the time and expense to litigate all issues in court. Looking Ahead: Alternative dispute resolution could become a model for future antitrust enforcement actions if the government and companies can agree that the potential benefits

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Authors

  • Jones Day (Washington DC)
  • Jones Day (New York)
  • Jones Day (Washington DC)

Quotation

John M. Majoras, Keira Campbell, Ryan C. Thomas, The US Department of Justice provides details on the use of arbitration to resolve a challenge to a proposed acquisition in the market of aluminum sheet (Novelis / Aleris), 4 September 2019, e-Competitions Bulletin September 2019, Art. N° 92025

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