Review of divestiture orders - monitors

Divestiture Review Topics
In the course of conducting an interview with a buyer of assets that have been divested as
required by an order issued by the Commission, we will ask questions covering the following
general areas. We will ask and discuss:


Whether the buyer received the information it needed to evaluate the proposed divestiture
before executing an agreement and closing on the transaction.



Whether the financial and physical condition of the business/assets when the buyer took
over was as the buyer expected.



Whether the transfer of the business and assets proceeded smoothly and whether the buyer
received all that the Commission’s order required.



If the asset package defined by the Commission’s order was less than a free standing
business, whether the buyer was able to complete the package with its own assets, by
acquiring other assets, or making other arrangements with third parties.



If the Commission’s order required the respondent to provide post-divestiture transitional
assistance, whether the respondent has provided and is providing such assistance in a timely
and complete manner.



Whether the buyer has been able to continue to operate the divested business as a competitor
and in a manner similar to the respondent prior to the divestiture, and whether the market
has changed significantly since the time of the divestiture .



The role of the monitor or hold separate trustee in the divestiture process and during the
transitional period following the divestiture.



Whether the buyer experienced any problems in acquiring and operating the assets and
whether the buyer has any feedback for the Commission about the divestiture and the
Commission’s process.