DOJ Responds to Comments on HP-Juniper Antitrust Settlement Deal
Published Date: 11/19/2025
Notice
Summary
The U.S. government responded to public feedback on its plan to settle a competition case against Hewlett Packard Enterprise and Juniper Networks. The deal includes selling some business parts and sharing technology to keep the market fair and competitive. No one opposed the plan, and the government wants the court to approve it quickly, so changes can happen soon without extra delays.
Analyzed Economic Effects
5 provisions identified: 5 benefits, 0 costs, 0 mixed.
HPE must divest the Instant On business
HPE must sell its Instant On enterprise-grade WLAN business within 180 calendar days after the filing of the proposed Final Judgment (filed June 27, 2025) or five days after entry of the Final Judgment, whichever is later. The divestiture includes all tangible and intangible assets, contracts, and customer relationships for that business, and the United States has sole discretion to approve any buyer.
Mandatory licensing auction for Mist AI Ops source code
HPE must hold an auction to issue one or more perpetual, worldwide, non-exclusive licenses for Juniper's Mist AI Ops source code within the same 180-day or 5-day deadline. If more than one bid exceeds $8,000,000, HPE must issue two licenses; licensees may use and further develop the source code and will own post-license improvements.
Primary licensee transition support and personnel transfer
The primary licensee has the right to 12 months of support services from HPE, including transfer of up to 30 engineers and up to 25 sales personnel experienced with Mist; that 12-month transition may be extended by an additional 6 months with U.S. approval. HPE must also facilitate introductions to Juniper's suppliers, distributors, and channel partners in the United States.
Enforcement, reporting, and trustee safeguards
HPE must submit affidavits every 30 days documenting its efforts to complete the divestiture and licensing, and if HPE fails to divest or license in time the Court may appoint a Divestiture Trustee (with HPE paying trustee costs). If a Trustee does not sell Instant On within six months of appointment, the Trustee must file a report. The amended judgment gives the United States explicit authority to seek contempt sanctions for violations.
Buyers and licensees must prove they can compete
The amended judgment requires that any divestiture acquirer and any source-code licensee demonstrate they have the intent and capability—including managerial, operational, technical, and financial capability—to compete effectively in the U.S. enterprise-grade WLAN market, and they must satisfy the United States they will use the assets to compete.
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