DOJ's Antitrust Division Issues Guidance On Arbitration Use

Law360 (November 13, 2020, 6:11 PM EST) -- The U.S. Department of Justice's Antitrust Division has released new guidance that outlines when and how arbitration should be used in future merger challenges, after the division used the process for the first time in aluminum supplier Novelis' acquisition of Aleris.

The guidance issued Thursday said that arbitration should be used in cases when bringing a merger challenge through the courts would cause an unacceptable delay and would not adequately conserve resources of the division.

According to the document, an arbitrator should be brought in when the case would benefit from the "subject matter expertise of an expert arbitrator" and the...

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