The US antitrust regulators continue to challenge consummated
transactions. On January 3, 2020, the FTC filed an administrative
complaint against Axon Enterprise, Inc., challenging its
consummated acquisition of VieVu, a body-worn camera competitor,
from Safariland. The FTC also challenged non-compete agreements
that Axon and Safariland signed in connection with the acquisition.
The complaint demonstrates the FTC's continued focus on
challenging consummated transactions, and on defining "price
discrimination markets" around sets of customers with unique
needs. The FTC's challenge also shows that merging parties
should avoid signing non-compete agreements that are not reasonably
limited in scope and duration. If these agreements are not
appropriately tailored to achieving a legitimate business interest,
the FTC may challenge them as anticompetitive.
