Justice Department Requires Divestiture of a Previously Consummated Acquisition

Summary: On Thursday, January 2, 2014, the Antitrust Division of the US Department of Justice (DOJ) issued a complaint and accompanying settlement agreement in connection with the 2012 acquisition of Midwest Instrument Co. Inc. (Minco) by Heraeus Electro-Nite Co., LLC. Among its obligations under the settlement, Heraeus will divest two Minco facilities it acquired. This enforcement action, which alleges a violation of Section 7 of the Clayton Act, again demonstrates that the government can scrutinize a relatively small, consummated merger and will enforce the antitrust laws where it deems necessary.