A PYMNTS Company

US: What defines a ‘competitor’? SCOTUS could weigh-in

By  |  June 11, 2013
US: What defines a ‘competitor’? SCOTUS could weigh-in

The US Supreme Court is set to meet next week to decide whether to hear a case that challenges a merger and, in doing so, looks to clarify the legal definition of a competitor specific to a “current” versus a “potential” competitor. The case stems from the Federal Trade Commission’s move to block a merger between two battery separator manufacturers after finding the two parties to be competitors, despite the fact one had not yet recorded sales in the market. The 11th US Circuit Court of Appeals sided with the FTC’s challenge the to deal, which saw Polypore International Inc acquiring Microporous Products LP; Microporous had not yet recorded any sales of automotive battery operators. Now Polypore is challenging that decision on the grounds that there needs to be clarification “on how to distinguish between mergers of current competitors and mergers of potential competitors. According to reports, the White House is looking to have Polypore’s petition to the Supreme Court denied. The Court will meet June 20.

    Get the Full Story

    Complete the form to unlock this article and enjoy unlimited free access to all PYMNTS content — no additional logins required.

    yesSubscribe to our daily newsletter, PYMNTS Today.

    By completing this form, you agree to receive marketing communications from PYMNTS and to the sharing of your information with our sponsor, if applicable, in accordance with our Privacy Policy and Terms and Conditions.

    Full Content: Thomson Reuters

    Want more news? Subscribe to CPI’s free daily newsletter for more headlines and updates on antitrust developments around the world.