Law360, New York ( April 24, 2015, 10:33 AM EDT) -- It is unsurprising that the Federal Trade Commission recently issued a second request to investigate Ball Corporation's acquisition of Rexam PLC.[1] Along with Crown Holdings Inc., these three companies provide just over 60 percent of aluminum beverage can volume globally, and such a level of concentration can potentially lead to anti-competitive effects.[2] However, in investigating a merger or acquisition, the commission and other regulators must consider the unique characteristics of each relevant market. When analyzing the dynamics and overlying factors within the beverage container industry, it is clear that Ball and Rexam are subject to competitive constraints not apparent from a simplistic review of market shares....
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