District Court finds in favor of US government, blocking nuclear/radioactive waste-handling company

Relying on Section 7 of the Clayton Act, 15 U.S.C. §18, the United States District Court, District of Delaware, granted the request of the United States, to enjoin Rockwell Holdco, Inc. (and its wholly owned subsidiary Energy Solutions, Inc.) from acquiring Andrews County Holding, Inc. (and its wholly owned subsidiary Waste Control Specialists, LLC). Section 7 prohibits any merger that would likely and substantially lessen competition in “any line of commerce” in “any section of the country.” 15 U.S.C. §18. The Court found that the merger would substantially lessen competition for higher- and lower-activity low-level radioactive waste disposal. It noted that issuing a “full stop injunction” was well within its authority.

United States of America v. Energy Solutions, Inc., et. al., No. 16-1056-SLR, 2017 WL 2991799 (D. Del. July 13, 2017)