United States of America: Department of Justice reached proposed settlement in lawsuit against Hewlett Packard Enterprise and Juniper Networks over alleged violation of Section 7 of Clayton Act permitting acquisition subject to divestiture and licensing remedies

On 27 June 2025, the Department of Justice reached an agreement with Hewlett Packard Enterprise and Juniper Networks and submitted a joint stipulation, order, and proposed final judgment. The agreement outlines the measures needed to address the DOJ’s concerns under Section 7 of the Clayton Act and to allow the merger to move forward. Under the proposed Final Judgment, Hewlett Packard Enterprise is required, within set deadlines, to divest its worldwide “Instant On” campus and branch business, referred to as the HPE Instant On Business and included in the HPE Divestiture Assets. HPE must also run an auction to issue one or more perpetual, worldwide, non-exclusive licences for the AI Ops for Mist source code and provide the necessary transition services. The agreement further includes trustee oversight as well as inspection, enforcement, and contempt provisions to ensure compliance.