DOJ Approves Keysight Buyout with Asset Sale Condition
Published Date: 6/12/2025
Notice
Summary
The U.S. government says Keysight Technologies can’t buy Spirent Communications without making some changes because it could hurt competition. To fix this, Keysight must sell parts of Spirent’s business to Viavi Solutions and help Viavi keep those businesses running smoothly. People have 60 days to share their thoughts on this plan before it’s final.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
Spirent business lines must be sold
The proposed Final Judgment requires Keysight to divest Spirent’s high-speed ethernet, network security, and channel emulation business lines (the listed Divestiture Assets) to Viavi Solutions, Inc. or another buyer approved by the United States. The divestiture must occur within 10 calendar days after the Court’s Asset Preservation and Hold Separate Order or within 10 calendar days after required Regulatory Approvals (whichever is later), subject to U.S. approval of up to a total 90‑day extension.
Transition services to keep operations running
Defendants must provide transition services to the buyer: up to 90 calendar days for warehousing, IT, HR, accounting, payroll, marketing, export control and related functions, and up to 12 months for customer service and support. The United States may approve one or more extensions totaling up to an additional 90 calendar days, and the buyer may terminate transition services on 30 calendar days’ notice.
Employee hiring and compensation protections
Defendants must identify Relevant Personnel and give the buyer the opportunity to hire them, provide personnel details within 10 business days on request, and must not interfere with hiring. For Relevant Personnel who join the buyer within 180 calendar days of the Divestiture Date (or whose employment transfers automatically), Defendants must waive non-compete and nondisclosure restrictions related to the divested business and vest/pay accrued bonuses, incentives, and other compensation; Defendants also face a 12‑month limited non-solicit on rehiring certain personnel.
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