DOJ REQUIRES DIVESTITURE IN MANITOWOC’S ACQUISITION OF ENODIS

On October 6, 2008, the Department of Justice (“DOJ”) entered into a settlement agreement requiring The Manitowoc Company (“Manitowoc”) to divest its entire U.S. ice machine business to allow its $2.7 billion acquisition of Enodis Plc (“Enodis”) to proceed.

Manitowoc and Enodis are two of the only three manufacturers of commercial cube ice machines in the United States. Restaurants, convenience stores, hotels and other businesses require significant volumes of cubed ice. Manitowoc sells its ice machines under the Manitowoc brand, while Enodis sells its machines under the Scotsman and Ice-O-Matic brands. Manitowoc must divest Enodis’s entire ice machine business including the development, production, and sale of ice machines, ice machine parts, and related equipment in the United States.

On September 19, 2008 the European Commission, as a part of their antitrust investigation, required the same remedy. The DOJ’s Antitrust Division and the European Commission cooperated throughout their respective investigations.

Manitowoc is headquartered in Manitowoc, WI. In 2007, its sales of ice machines and related equipment in the United States amounted to $152 million, while its total sales amounted to $4 billion.

Enodis, headquartered in the United Kingdom, made $153 million in sales of ice machines and related equipment in the United States whiles its total revenues amounted to $1.6 billion.

Andre Barlow
(202) 589-1834
abarlow@dbmlawgroup.com