How moves to ‘litigate the fix’ in US M&A review could affect future deals

17 February 2023 00:00

Duration: 9:56

Assa Abloy’s move to outflank a US Department of Justice attempt to block the Swedish-based conglomerate’s acquisition of a Spectrum Brands unit has sparked a heated debate. After the DOJ moved to block the deal, amid competition concerns, Assa Abloy announced it was ready to divest two of its divisions to scupper the DOJ’s competition concerns. But its next move was to take those remedies to a court — a move dubbed “litigating the fix.” The tactic is likely to advance federal caselaw and may set the stage for future clashes, as the US’s antitrust agencies strengthen their position on remedies.

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Editorial Team