DOJ Shows Flexibility In Structural Fix For InBev, Modelo

Law360, New York (May 28, 2013, 4:41 PM EDT) -- The U.S. Department of Justice has reached a settlement with Anheuser-Busch InBev and Grupo Modelo SAB de CV, requiring AB InBev to divest Modelo's entire U.S. business to Constellation Brands Inc. The consent decree provides for a straightforward structural fix. AB InBev has agreed to sell Modelo's newest Piedras Negras brewery and Modelo's interest in Crown, its U.S. distribution joint venture with Constellation. AB InBev also will sell to Constellation (or to some other divestiture buyer if the deal with Constellation falls through) perpetual and exclusive licenses to the Modelo brands for distribution and sale in the United States. Coming after the U.S. Department of Justice's rejection of a softer remedy proposed by AB InBev, the final settlement reflects the DOJ's continued reliance on structural remedies as the default fix for horizontal mergers that may lessen competition....

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