How does the Commission select a divestiture trustee?
Typically, Commission staff uses its sources in the industry, as well as the respondents, to provide names of trustee candidates. The staff assures that the candidates have no conflict, or appearance of conflict, of interest. Then it interviews candidates, speaks with references, and makes a determination whether a particular candidate should be recommended to the Commission. Staff is looking for someone who – in addition to having no conflict – may have experience divesting assets in the affected industry or under these type of circumstances. Staff’s experience with both divestiture trustees and monitor trustees has been very positive to date.
