Justice Department Requires Divestiture In Order For Anheuser-Busch To Acquire Craft Brew Alliance

Divestiture Will Preserve Competition in the Beer Industry in the State of Hawaii

The Department of Justice announced today that it is requiring Anheuser-Busch InBev SA/NV (ABI), its wholly-owned subsidiary Anheuser-Busch Companies LLC (AB Companies), and Craft Brew Alliance Inc. (CBA) to divest CBA’s entire Kona brand business in the state of Hawaii and to license to the acquirer the Kona brand in Hawaii in order for AB Companies, a minority shareholder in CBA, to proceed with its proposed acquisition of the remaining shares of CBA.  The department has approved PV Brewing Partners, LLC as the acquirer.  The proposed settlement will maintain competition in the beer industry in Hawaii benefitting consumers.

The Justice Department’s Antitrust Division filed a civil antitrust lawsuit today in the U.S. District Court for the Eastern District of Missouri to block the $220 million proposed transaction.  At the same time, the department filed a proposed settlement that, if approved by the court, would resolve the competitive harm alleged in the lawsuit.

According to the department’s complaint, AB Companies’ acquisition of CBA likely would substantially lessen head-to-head competition in Hawaii between ABI brands, such as Stella Artois and Michelob Ultra, and CBA’s Kona brand.  If the transaction was allowed to proceed, ABI and CBA would have a combined share of approximately 41 percent in the moderately concentrated Hawaii beer market.  The merger would also likely harm future competition between ABI and CBA as, absent the merger, the companies would continue to invest and compete against each other for premium beer sales in the state.  By eliminating CBA’s Kona brand as a competitive restraint, ABI would also likely have greater ability to facilitate price coordination, resulting in higher prices for beer sold in Hawaii, amplifying competitive concerns.

“This merger, as originally structured, would have significantly increased market concentration in Hawaii and eliminated the growing competition between ABI and CBA brands,” said Assistant Attorney General Makan Delrahim of the Justice Department’s Antitrust Division.  “Today’s settlement with its divestitures will ensure that consumers continue to benefit from this competition today and into the future.”

Under the terms of the proposed settlement, ABI and CBA must divest CBA’s entire Kona Hawaii business — Kona Brewery LLC — to PV Brewing Partners or to an alternative purchaser approved by the United States.  Specifically, the settlement requires the sale of the Kona brewing facilities in Hawaii, including a new 100,000-barrel capacity brewery currently under construction; the granting of a perpetual, exclusive license of the Kona brand for the brewing, distribution, and sale of Kona beer in Hawaii as well as other assets, rights, and interests necessary to ensure that PV Brewing Partners, LLC, is able to compete in the Hawaii beer market using the Kona brand.

ABI is a corporation organized and existing under the laws of Belgium, with its headquarters in Leuven, Belgium.  ABI is already a minority shareholder in CBA.  ABI proposes to acquire 100 percent ownership of CBA through AB Companies, a Delaware limited liability company that currently holds a minority ownership stake in CBA.  ABI owns numerous major beer brands sold in the United States, including in Hawaii.  These brands include Bud Light, Budweiser, Busch Light, Natural Light, Michelob Ultra, Stella Artois, and Golden Road.

CBA is a corporation organized and existing under the laws of Washington, with its headquarters in Portland, Oregon.  CBA owns several beer brands sold in the United States, including Widmer Brothers, Omission, Redhook, and Kona, a brand that originated in Hawaii and is especially popular in that state. 

PV Brewing Partners LLC, is a Delaware limited liability company with its headquarters in Overland Park, Kansas.  The entity was formed by VantEdge Partners LP, a private equity company based in metropolitan Kansas City.

As required by the Tunney Act, the proposed settlement, along with a competitive impact statement, will be published in the Federal Register.  Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Robert A. Lepore, Chief, Transportation, Energy, and Agriculture Section, Antitrust Division, U.S. Department of Justice, 450 Fifth Street N.W., Suite 8000, Washington, D.C., 20530.  At the conclusion of the 60-day comment period, the U.S. District Court for the Eastern District of Missouri may enter the final judgment upon finding it is in the public interest.

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    What GAO Found Federal agencies continue to face software supply chain threats. In December 2020, the Department of Homeland Security's Cybersecurity and Infrastructure Security Agency issued an emergency directive requiring agencies to take action regarding a threat actor that had been observed leveraging a software supply chain compromise of a widely used enterprise network management software suite—SolarWinds Orion. Subsequently, the National Security Council staff formed a Cyber Unified Coordination Group to coordinate the government response to the cyberattack. The group took a number of steps, including gathering intelligence and developing tools and guidance, to help organizations identify and remove the threat. During the same month that the SolarWinds compromise was discovered, GAO reported that none of 23 civilian agencies had fully implemented selected foundational practices for managing information and communication technology (ICT) supply chain risks—known as supply chain risk management (SCRM) (see figure). Twenty-three Civilian Agencies' Implementation of Information and Communication Technology (ICT) Supply Chain Risk Management (SCRM) Practices GAO stressed that, as a result of not fully implementing the foundational practices, the agencies were at a greater risk that malicious actors could exploit vulnerabilities in the ICT supply chain, causing disruptions to mission operations, harm to individuals, or theft of intellectual property. Accordingly, GAO recommended that each of the 23 agencies fully implement these foundational practices. In May 2021, GAO received updates from six of the 23 agencies regarding actions taken or planned to address its recommendations. However, none of the agencies had fully implemented the recommendations. Until they do so, agencies will be limited in their ability to effectively address supply chain risks across their organizations. Why GAO Did This Study Federal agencies rely extensively on ICT products and services (e.g., computing systems, software, and networks) to carry out their operations. However, agencies face numerous ICT supply chain risks, including threats posed by malicious actors who may exploit vulnerabilities in the supply chain and, thus, compromise the confidentiality, integrity, or availability of an organization's systems and the information they contain. Recent events involving a software supply chain compromise of SolarWinds Orion, a network management software suite, and the shutdown of a major U.S. fuel pipeline due to a cyberattack highlight the significance of these threats. GAO was asked to testify on federal agencies' efforts to manage ICT supply chain risks. Specifically, GAO (1) describes the federal government's actions in response to the compromise of SolarWinds and (2) summarizes its prior report on the extent to which federal agencies implemented foundational ICT supply chain risk management practices. To do so, GAO reviewed its previously published reports and related information. GAO has ongoing work examining federal agencies' responses to SolarWinds and plans to issue a report on this in fall 2021.
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  • المساعدات المُقَدّمة للضفة الغربية وقطاع غزة: في حالة إستئناف التمويل، فإن زيادة الرقابة على إمتثال الجهة الفرعية الحاصلة على المنح لسياسات وإجراءات مكافحة الارهاب الخاصة بالوكالة الأمريكية للتنمية الدولية قد يُقلل من المخاطر
    In U.S GAO News
    This is the Arabic language highlights associated with GAO-21-332, which issued on Monday, March 29. لماذا أجرى مكتب مساءلة الحكومة ھذه الدراسة قدمت الحكومة الأمريكية منذ عام 1993 أكثر من 6.3 مليار دولار على شكل مساعدات ثنائية للفلسطينيين في الضفة الغربية وقطاع غزة. ووفقا للوكالة الأمريكية للتنمية الدولية ووزارة الخارجية الأمريكية، تم إيقاف تمويل صندوق الدعم الاقتصادي (ESF) منذ يناير/ كانون الثاني 2019 بسبب مجموعة من الإجراءات السياساتية والقانونية. إن الوكالة الأمريكية للتنمية الدولية مسؤولة بشكل رئيسي عن إدارة المساعدات المقدمة من صندوق الدعم الاقتصادي للضفة الغربية وقطاع غزة وضمان الامتثال لسياساته وإجراءاته الخاصة بمكافحة الإرهاب. تتضمن قوانين التخصيص للسنوات المالية 2015-2019 أحكاماً لمكتب مساءلة الحكومة لمراجعة استخدامات أموال صندوق الدعم الاقتصادي الخاصة ببرنامج الضفة الغربية وقطاع غزة. كما طُلِبَ من مكتب مساءلة الحكومة مُراجعة كيف يؤثر وقف هذه المساعدات على موارد التوظيف في الوكالة الأمريكية للتنمية الدولية. يدرس هذا التقرير (1) حالة مساعدات صندوق الدعم الاقتصادي المقدمة من الوكالة الأمريكية للتنمية الدولية للبرنامج في السنوات المالية 2015-2019، وذلك اعتباراً من 30 سبتمبر/ أيلول 2020؛ (2) الخطوات التي اتخذتها الوكالة الأمريكية للتنمية الدولية تجاه المشاريع الجارية ومستويات التوظيف عندما توقفت مساعدات صندوق الدعم الاقتصادي؛ (3) مدى امتثال الوكالة الأمريكية للتنمية الدولية لسياساتها وإجراءاتها الخاصة بمكافحة الإرهاب للسنوات المالية 2015-2019. وقد راجع مكتب مساءلة الحكومة القوانين وسياسات الوكالة وإجراءاتها ووثائقها وبياناتها وقام بتقييم عيّنة قابلة للتعميم من 245 من الجهات الفرعية الحاصلة على المنح للتأكد من الامتثال لسياسات واجراءات الوكالة الأمريكية للتنمية الدولية الخاصة بمكافحة الإرهاب. النتائج التي توصل إليها مكتب مساءلة الحكومة قدمت الحكومة الأمريكية مساعدات للفلسطينيين في الضفة الغربية وقطاع غزة لتعزيز السلام في الشرق الأوسط منذ عام 1993، جزئيا من خلال البرامج التي تُديرها الوكالة الأمريكية للتنمية الدولية ويمولها صندوق الدعم الاقتصادي. وقد توقف هذا التمويل منذ 31 يناير/ كانون الثاني 2019. وبحلول 30 سبتمبر/ أيلول 2020، كانت الوكالة الأمريكية للتنمية الدولية قد انفقت معظم أموال صندوق الدعم الاقتصادي التي تم تخصيصها لبرنامج الضفة الغربية وقطاع غزة في السنوات المالية 2015-2019. على وجه التحديد، انفقت الوكالة الأمريكية للتنمية الدولية 487.3 مليون دولار من أصل 540.4 مليون دولار من مساعدات صندوق الدعم الاقتصادي للبرنامج في السنتين الماليتين 2015 و2016. وأعادت إدارة الرئيس ترامب برمجة الـ 230.1 مليون دولار التي كانت مخصصة للسنة المالية 2017 لبرامج أخرى ولم تخصص مبالغ للسنتين الماليتين 2018 و2019. وأعلنت السلطة الفلسطينية في شهر ديسمبر/ كانون الأول 2018 بأنها لن تقبل المساعدة بعد 31 يناير/ كانون الثاني 2019 بسبب مخاوف لديها بشأن قانون توضيح مكافحة الإرهاب (Anti-Terrorism Clarification Act) لعام 2018. ووفقاً لمسؤولين من وزارة الخارجية الأمريكية والوكالة الأمريكية للتنمية الدولية فإن القانون يتضمن أحكاماً يمكن أن تجعل الجهات المتلقية للمساعدات من صندوق الدعم الاقتصادي خاضعة لدعاوى قضائية أمريكية. وفي شهر يناير/ كانون الثاني 2021، أعلنت إدارة الرئيس بايدن نيتها إستئناف تقديم المساعدات الأمريكية للبرامج في الضفة الغربية وقطاع غزة. اتخذت الوكالة الأمريكية للتنمية الدولية عدة خطوات بشأن المشاريع الجارية ومستويات التوظيف في بعثتها في الضفة الغربية وقطاع غزة بعد توقف تقديم المساعدة للبرنامج اعتبارا من 31 يناير/ كانون الثاني 2019. وقد أوقفت الوكالة الأمريكية للتنمية الدولية 27 مشروعاً جارياً. كما توقفت الوكالة الأمريكية للتنمية الدولية عن إعادة شغل الوظائف المصرح بها في بعثتها في الضفة الغربية وقطاع غزة، واقترحت تخفيضا في قوة العمل، ووضعت حوالي 50 موظفا في مَهام مؤقتة لأنشطة أخرى. ووفقا للوكالة الأمريكية للتنمية الدولية، فإنه اعتبارا من شهر مايو/ أيار 2019، طلبت لجان الكونجرس من الوكالة الأمريكية للتنمية الدولية تعليق تخفيض الوظائف المُخطط له انتظاراً لاستمرار المداولات. وفي حين أن الوكالة الأمريكية للتنمية الدولية لم تنهِ عمل موظفيها، إلا أن عدد موظفي البعثة انخفض بنسبة 39 بالمئة من ديسمبر/ كانون الأول 2017 وحتى سبتمبر/ أيلول 2020 بسبب مُغادرة الموظفين للبعثة وعمليات النقل والاستقالات. تُحدد سياسات وإجراءات مكافحة الإرهاب للوكالة الأمريكية للتنمية الدولية والخاصة بالضفة الغربية وقطاع غزة ثلاثة متطلبات لمُتلقي التمويل من صندوق الدعم الاقتصادي: الفحص بالنسبة للعديد من الجهات غير الأمريكية التي تتلقى المساعدات، وشهادات مكافحة الإرهاب لمُتلقي المِنَح أو الاتفاقيات التعاونية، وأحكام إلزامية تهدف لمنع الدعم المالي للإرهاب في جميع مِنَح المساعدات للجهات الرئيسية والفرعية. توصل مكتب مساءلة الحكومة إلى أنه بالنسبة للسنوات المالية 2015-2019، امتثلت الوكالة الأمريكية للتنمية الدولية بشكل كامل لجميع المتطلبات الثلاثة عند منح المساعدات للجهات الرئيسية، غير أنها لم تتأكد بشكل متسق من إمتثال الجهات الفرعية الحاصلة على المساعدات. بالإضافة لذلك، أظهر تحليل مكتب مساءلة الحكومة لعيّنة المنح الفرعية القابلة للتعميم ومراجعات الامتثال الخاصة بالوكالة الأمريكية للتنمية الدولية وجود فجوات في الامتثال لمتطلبات الفحص والأحكام الإلزامية على مستوى المنح الفرعية. فعلى سبيل المثال، توصل التحليل الذي أجراه مكتب مساءلة الحكومة لمُراجعات الامتثال الخاصة بالوكالة الأمريكية للتنمية الدولية إلى أن 13 من أصل 86 تقريراً كان فيها حالة أو أكثر من عدم قيام الجهة الرئيسية الحاصلة على المنح بتضمين الأحكام الإلزامية، والتي تُغطي 420 من المنح الفرعية. قدمت الوكالة الأمريكية للتنمية الدولية تدريباً للجهات الرئيسية الحاصلة على المنح سابقاً على تقديم المساعدة حول متطلبات مكافحة الإرهاب بالنسبة للجهات التي تحصل على المنح الفرعية، غير أنها لم تتحقق من أن الجهات الحاصلة على المنح لديها إجراءات للامتثال لهذه المتطلبات. وبالإضافة لذلك، أجرت الوكالة الأمريكية للتنمية الدولية مراجعات للامتثال لاحقة على تقديم المنح الفرعية تمت بعد انتهاء المنحة الفرعية في بعض الأحيان، حيث كان الأوان قد فات لاتخاذ اجراءات تصحيحية. و في حالة استئناف تمويل صندوق الدعم الاقتصادي، فإن التحقق من أن الجهات الرئيسية الحاصلة على المنح لديها هذه الاجراءات، وإجراء مراجعات للامتثال لاحقة على تقديم المساعدة في وقت يسمح بإجراء التصحيحات من شأنه أن يضع الوكالة الأمريكية للتنمية الدولية في وضع أفضل بالنسبة لتقليل مخاطر تقديم المساعدة للكيانات أو الافراد المرتبطين بالإرهاب. توصيات مكتب مساءلة الحكومة يوصي مكتب مساءلة الحكومة، في حالة استئناف التمويل، أن تقوم الوكالة الأمريكية للتنمية الدولية بـ (1) التحقق من أن الجهات الرئيسية الحاصلة على المساعدة لديها إجراءات لضمان الامتثال للمتطلبات قبل تقديم المنح للجهات الفرعية، و (2) إجراء مراجعات الامتثال بعد منح المساعدات في وقت يسمح بإجراء التصحيحات قبل إنتهاء المنحة. وقد وافقت الوكالة الأمريكية للتنمية الدولية على هذه التوصيات. هذه نسخة بلغة أجنبية لتقرير صدر في مارس/ آذار2021. أﻧﻈﺮ اﻟﻮﺛﯿﻘﺔ21-332-GAO. ﻟﻠﻤﺰﯾﺪ ﻣﻦ اﻟﻤﻌﻠﻮﻣﺎت،ﯾﺮُ ﺟﻰ اﻻﺗﺼﺎل ﺑـ ﻻﺗﯿﺸﺎ ﻟﻮف Latesha Love ﻋﻠﻰ رﻗﻢ اﻟﮭﺎﺗﻒ: 4409-512 (202)، أو ﻣﻦ ﺧﻼل اﻹﯾﻤﯿﻞ: lovel@gao.gov
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