What concerns does the Commission have that result from delay in divestiture?
A. Concerns regarding diminished viability, interim competitive harm and the eventual competitive significance of the assets to be divested arise whether there is a buyer up front or a post-order divestiture. Wasting or deterioration of the assets of the business during the Commission’s investigation of the transaction or the acceptability of the remedy package may affect the scope of the package of assets necessary to be divested, or whether an acceptable divestiture is possible. For example, there may be an adverse impact on the morale of employees of the business to be divested, leading them to leave the company; alternatively, long standing, important relationships among suppliers or customers of the acquired firm may deteriorate because of uncertainty regarding the acquired business.
