The US FTC orders divestitures plus novel standard essential patent remedy in a merger between two leading suppliers of air conditioning recycling products (Bosch / SPX)

On November 26, 2012, by a 3-2 vote, the United States Federal Trade Commission (FTC) announced a settlement in connection with the acquisition of SPX Service Solutions US, LLC (SPX) by Robert Bosch GmbH (Bosch) [1]. The settlement is noteworthy not because it contained a predictable requirement to divest, but because the FTC included certain non-traditional conduct requirements relating to patents that bore no nexus with the transaction. The inclusion of these conduct requirements suggests that the FTC could view the merger review process as a means to accomplish law enforcement objectives beyond the bounds of the four corners of the merger itself. The Divestiture Remedy Following a nearly 12-month investigation, the FTC concluded that Bosch‘s acquisition of SPX would give Bosch

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Andrea Agathoklis Murino, The US FTC orders divestitures plus novel standard essential patent remedy in a merger between two leading suppliers of air conditioning recycling products (Bosch / SPX), 26 November 2012, e-Competitions Bulletin Automobile, Art. N° 50203

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