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Justice Department Wins Historic Arbitration of a Merger Dispute | OPA | Department of Justice

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FOR IMMEDIATE RELEASE
Monday, March 9, 2020
Justice Department Wins Historic Arbitration of a Merger Dispute
Novelis Inc. Must Divest Assets to Consummate Transaction with Aleris Corporation

The Department of Justice prevailed in a first-of-a-kind arbitration, which will resolve a civil antitrust lawsuit challenging Novelis’s proposed merger with Aleris Corporation. As a result, Novelis must divest Aleris’s entire aluminum auto body sheet operations in North America, which will fully preserve competition in this important industry. In addition, under the terms of the arbitration agreement between defendants and the Department, Novelis must reimburse the Department for its fees and costs incurred in connection with the arbitration.

“Today’s decision is a victory for automakers and American consumers and taxpayers and will preserve competition in the market for aluminum auto body sheet,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division. “This first-of-its-kind arbitration proved to be an effective procedure for the streamlined adjudication of a dispositive issue in a merger challenge. As demonstrated in this case, arbitration has the potential to be a powerful dispute resolution tool in the right circumstances and I look forward to applying the learning from this case to future matters. I am very proud of the Division’s talented and dedicated team of lawyers, paralegals, and economists who pioneered this ground-breaking arbitration, representing the Division exceedingly well throughout these proceedings.”

On Sept. 4, 2019, the Justice Department’s Antitrust Division filed a civil antitrust lawsuit in the U.S. District Court for the Northern District of Ohio seeking to block Novelis Inc.’s proposed acquisition of Aleris Corporation. Prior to filing the complaint, the Justice Department’s Antitrust Division reached an agreement with defendants to refer the matter to binding arbitration if the parties were unable to resolve the United States’ competitive concerns with the defendants’ transaction within a certain period of time. Fact discovery proceeded under the supervision of the district court. Pursuant to the arbitration agreement, following the close of fact discovery, the matter was referred to binding arbitration to resolve the issue of product market definition. A ten-day arbitration hearing concluded last week, marking the first time the Antitrust Division has used its authority under the Administrative Dispute Resolution Act of 1996 (5 U.S.C. § 571 et seq.) to resolve a matter.

Today, the arbitrator ruled for the United States, holding that aluminum auto body sheet constitutes a relevant product market, as the United States had alleged. Because the Department prevailed, the United States will file a proposed final judgment with the U.S. District Court for the Northern District of Ohio that requires Novelis to divest Aleris’s entire aluminum ABS operations in North America to preserve competition in the relevant market. This arbitration procedure provided certainty and allowed the defendants to close their transaction subject to foreign regulatory review.

The Department thanks Kevin Arquit, a highly-respected and experienced antitrust lawyer and former Director of the Federal Trade Commission’s Bureau of Competition, for serving as the arbitrator in this matter. The Department also thanks defendants’ legal team from Latham & Watkins, LLP and Fried Frank, and in particular, Dan Wall and the litigating team from Latham & Watkins, for their highly-skilled advocacy and professionalism.

Novelis is a Canadian corporation headquartered in Atlanta, Georgia. It offers flat-rolled aluminum products in three segments: automotive, beverage can, and specialty products. In the fiscal year ending March 31, 2019, Novelis’s revenues were approximately $12.3 billion. Novelis is a wholly-owned subsidiary of Hindalco Industries Ltd., an Indian company headquartered in Mumbai, India.

Aleris is a Delaware corporation headquartered in Cleveland, Ohio. It offers flat-rolled aluminum products to the automotive, aerospace, and building and construction industries, among others. In 2018, Aleris’s revenues were approximately $3.4 billion.

https://www.justice.gov/opa/pr/justice-department-wins-historic-arbitration-merger-dispute

Topic(s):
Antitrust
Component(s):
Antitrust Division
Press Release Number:
20-290
Updated March 9, 2020
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A MESSAGE SENT

change.org

UPDATE ON ACTIONS

As part of our collaboration within the Stakeholders Working Group (SWG), we sent the following clarification of some of our organization’s positions to SWG members. In the spirit of transparency, we thought you all would also appreciate reading this, to keep you in the mix regarding our participation on behalf of you and our wildlife.

Background:

The SWG comprises the Bureau of Engineering (BOE: Cyril Charles project manager of this Master Plan process), LA Department of Water and Power (LADWP: Deborah Weintraub), our Councilmembers Ryu and O’Farrell’s Deputies and a Design Team led by Hargreaves Associates. The SWG also includes five Silver Lake community groups including ourselves — SL Wildlife Sanctuary, SL Now, SL Reservoirs Conservancy, SL Forward, and SL Neighborhood Council.

This group has met every 6-8 weeks since May 2019 to review and give input for the Silver Lake Master Plan. We sent the below letter in advance of the SWG’s meeting that took place Thursday March 5. Please note that some of the issues below were acknowledged and discussed at that meeting, but with no definitive outcomes except for the perimeter fence issue. The meeting minutes will be added to the Master Plan website sometime soon: https://eng.lacity.org/slrcmp-stakeholders

Text of the email we sent to all SWG members, in response to comments about our areas of concern:

  1. Education/Café Building and other added structures. SLWS is not anti-education. But we and our supporters did object to how the questionnaires were worded on that topic. For example, people were asked if they wanted nature education. They were not asked, “Do you favor habitat replaced by a classroom building at water’s edge and The Knoll topped by a prominent and permanent shade structure?” Stakeholders and SLWS said yes to the Reservoirs Complex being a site for nature education, not to nature being displaced by new buildings and other structures. In the words of an area schoolteacher, “Nature itself is the ‘classroom.’ ”
  2. Incomplete reporting of community opinions. The reports and graphs only included statistical results from the questionnaires, mostly completed by persons who did not attend the Workshops and therefore were not as fully informed as those who participated in the Workshops. To show a more complete picture of our community, especially the constituents who took the time and trouble to attend, the Community Workshop findings need more than a passing mention in all reports and graphs.

  3. Family representation. It was claimed that families were underrepresented at the Workshops. In fact, we recognized many at the Workshops who are parents. Indeed, this argument was negated by pointing out that so many families and kids from King participated in the Marshall Workshop. And at that workshop there was nearly unanimous support for passive recreation and preserving nature.

  4. Perimeter Fence. While features such as swimming and boating that were rejected by the community are remaining in the MP as options “for future consideration”, the community was not even given a chance to discuss including perimeter fencing in the MP. However, having reached out to the City Councilmembers, we feel our concerns have now been heard through the recent exchanges between Meghen, Christine, Rachel, Jill and Andrea*, and ourselves. Through Christine and Rachel, we received assurance from CD13 and CD4, respectively, that this issue will be seriously discussed with the community and agreement reached before any removal is considered.

  5. Equity. We object to anyone implying that those who don’t share one person’s or group’s vision must be elitists who want our community to become ‘gated’. That’s simply wrong. We want the Reservoirs Complex protected so people from everywhere can enjoy nature and wildlife in a safe and relaxed way, without too many programmed activities and added structures displacing habitat for wildlife or natural views for visitors.

The fact is, SLWS is very concerned about equity, which is why we have opposed all commercial activities, because monetized and programmed features can only be enjoyed by those who can afford to pay, or by those who can participate in the programmed activity, or by those who may profit from it.

We will continue to collegially agree to disagree on certain factors and trust that we all will do our best to avoid misinterpreting the views of any SWG members.

On behalf of our constituents,
Silver Lake Wildlife Sanctuary Board

Jane Cook
Mike Krose
Janis Purins
Freda Shen

End of Text Sent

  • Meghen Quinn (lead architect, Hargreaves Associates), Christine Peters (CD 13 Deputy), Rachel Fox (CD 4 Deputy), Jill and Andrea (SL Now)

We are continuing to push for further improvements for the conservation of nature and wildlife within this collaborative process.

And thanks to your continuing activism, the plans have in some ways improved for wildlife, with some anti-nature features scaled back.

Onward together!

Your Team at Silver Lake Wildlife Sanctuary

http://www.silverlakewildlifesanctuary.org
https://www.instagram.com/silverlakewildlife/
https://www.change.org/p/let-s-establish-a-silver-lake-wildlife-sanctuary

California Senator Introduces Bill to Shut Down SeaWorld

livekindly.co
Audrey Enjoli

Senator Cathleen Galgiani has introduced a bill to ban the captivity of whales and dolphins in California.

Senate Bill 1405, The Dolphin Protection Act, would make it “unlawful to hold, breed, import, or export a cetacean.”

The bill would ban marine parks like SeaWorld—which has a location in San Diego—from keeping whales and dolphins on display for entertainment purposes.

“We should not rely on cruel and inhumane treatment of any creature simply for our entertainment,” said Senator Galgiani in a statement.

“Dolphins are incredibly intelligent beings that suffer a range of health problems and stress as a result of being held in captivity.”
Research shows keeping cetaceans in captivity causes them undue suffering.
Cetaceans In Captivity

Cetaceans—which includes whales, dolphins, and porpoises—are highly complex, intelligent, and social creatures.

In the ocean, they can roam vast distances, dive deeply, and live in tight-knit family units. Research shows cetaceans suffer in tanks because enclosures cannot adequately replicate the ocean.

According to the wildlife charity Whale and Dolphin Conservation, a captive orca would have to swim around his or her tank at SeaWorld 1,400 times per day in order to match the distance a wild orca swims in the ocean.

Tanks are “generally less than one-ten thousandths of one percent” of a cetacean’s natural habitat range.

South Carolina is currently the only state in the US that prohibits the display of cetaceans. In 2016, California passed a bill that banned the captivity and breeding of orcas.

Research shows orcas display abnormal behaviors in captivity and often have shorter life expectancies. Captive orcas often die early from infections.

“We cannot continue to bring [cetaceans] into captivity where they will spend their entire lives in a concrete tank,” Marc Ching, Founder of Animal Hope in Legislation, said in a statement.

“California is a leader in animal welfare policy,” he added. “[T]hanks to Senator Galgiani’s bill, many of these animals will be able to stay where they belong, in the wild.”

California’s current animal-friendly legislation includes a fur ban, a prohibition on the use of wild animals in circuses, and a ban on puppy mill sales in pet stores.

https://www.livekindly.co/california-senator-bill-shut-down-seaworld/amp/?__twitter_impression=true

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California Senator Introduces Bill to Shut Down SeaWorld

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California has introduced a bill—The Dolphin Protection Act—that would ban theme parks like SeaWorld from keeping whales and dolphins in captivity.

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LIVEKINDLY

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