What criteria does the Commission use to determine that divestiture to a proposed buyer will satisfy those remedial objectives?
The staff evaluates both the proposed buyer and the proposed agreement. The staff evaluates whether the buyer has the financial resources to consummate the proposed divestiture and to remain a vigorous competitor in the market. The staff examines the proposed buyer’s commitment to remain in the market by analyzing its past operations and business plans as well as its future business plans for the divested assets. The staff evaluates the proposed buyer’s experience and expertise to operate effectively in the market. The staff examines both the proposed buyer’s historical financial documents and its future business plans for the proposed divestiture. The staff will likely talk with industry members familiar with the proposed buyer such as competitors, suppliers, and customers. The staff may also talk with lenders and other creditors of the proposed buyer, particularly those involved in possible financing of the proposed deal. The staff also examines the proposed buyer’s current position
