United States of America v. EnergySolutions, Inc. et al.
Following a two-week bench trial, Delaware District Court Judge Sue Robinson ruled against EnergySolutions Inc.'s proposed $367 million acquisition of Waste Control Specialists, two close competitors in the specialized business of low-level radioactive waste (LLRW) disposal. Judge Robinson's opinion represents one of the relatively rare instances in which an antitrust merger case has proceeded to trial.
In the trial, the US Department of Justice (DOJ) argued that the merger would unacceptably reduce competition without delivering the financial benefits the companies were claiming. The DOJ retained Analysis Group's academic affiliate, Professor John Mayo of Georgetown University, as its testifying expert. Supported by an Analysis Group team including Managing Principal Christopher Borek, and Vice Presidents John Browning and Maria Garibotti, Dr. Mayo analyzed market definition, finding that the proposed transaction would substantially increase concentration in the relevant markets and would eliminate the close, head-to-head competition that has demonstrably benefited customers, including the nuclear power plants that generate LLRW through electricity production and in the decommissioning process as the plants age and are retired.