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Anti-Trust | New York Southern
Findings of Fact & Conclusions of Law
***SEALED*** FINDINGS OF FACT AND CONCLUSIONS OF LAW: For the foregoing reasons, the Court hereby enters a permanent injunction prohibiting Henkel from acquiring A-Paint. On or before September 11, 2026, the parties shall file a joint letter under seal suggesting redactions to the Courts Findings of Fact and Conclusions of Law. (Signed by Judge Katherine Polk Failla on 8/14/2026) (tn)
Order
ORDER re: 192 Sealed Findings of Fact & Conclusions of Law: the Court finds that the proposed acquisition of A-Paint Topco, Inc. (A-Paint) by Defendants Henkel AG & Co. KGaA, Henkel of America, Inc., and Henkel US Operations Corporation (collect ively, the Henkel Defendants) would violate Section 7 of the Clayton Act, 15 U.S.C. § 18, and Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45, and accordingly permanently ENJOINS the Henkel Defendants from acquiring A-Paint. The Court will allow the parties to propose redactions in accordance with Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). On or before September 11, 2026, the parties shall file a joint letter suggesting redactions to the Findings of Fact and Conclusions of Law. Taking the parties' suggestions into consideration, the Court will then file a redacted version of the Findings of Fact and Conclusions of Law on the public docket. (Signed by Judge Katherine Polk Failla on 8/14/2026) (tn)
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