of Acquiring Biotest US Corporation (Aug. 1, 2018), http
s://www.ftc.gov/news-events/press-releases/2018/08/ftc-
requires-grifols-sa-divest-assets-condition-acquiring-biot
est.
27
See, e.g., Decision and Order, In the Matter of
Broadcom Limited and Brocade Communications Sys-
tems, Inc., FTC File No. 171-0027, at 5-6 (Aug. 17, 2017)
(establishing a data firewall, which siloed Broadcom's
data related to Cisco Systems from Brocade, who com-
peted against Cisco.); Decision, FTC File No. 181 0005 |
C-4652, at 7-10, (December 4, 2018) (establishing a
firewall between Orbital ATK's solid rocket motor
("SRM") business and Northrop and requiring Orbital
ATK to offer its SRMs on a non-discriminatory basis to
all competitors for missile contracts.); see also D. Bruce
Hoffman, Remarks at Credit Suisse 2018 Washington
Perspectives Conference (Jan. 10, 2018), https://www.ftc.
gov/system/files/documents/public_statements/1304213/
hoffman_vertical_merger_speech_final.pdf ("in some
cases we believe that a behavioral or conduct remedy can
prevent competitive harm while allowing the benefits of
integration. For example . . . firewalls can prevent infor-
mation sharing, and nondiscrimination clauses can elimi-
nate incentives to disfavor rivals[.]").
The M&A Lawyer March 2019 | Volume 23 | Issue 3
6 K 2019 Thomson Reuters
