The Federal Trade Commission has issued an administrative complaint
(a public version of which will be available and linked to this news
release as soon as possible) challenging Axon Enterprise, Inc.’s
consummated acquisition of its body-worn camera systems competitor
VieVu, LLC. Before the acquisition, the two companies competed to
provide body-worn camera systems to large, metropolitan police
departments across the United States.
According to the complaint, Axon’s May 2018 acquisition reduced
competition in an already concentrated market. Before their merger, Axon
and VieVu competed to sell body-worn camera systems that were
particularly well suited for large metropolitan police departments.
Competition between Axon and VieVu resulted in substantially lower
prices for large metropolitan police departments, the complaint states.
Axon and VieVu also competed vigorously on non-price aspects of
body-worn camera systems. By eliminating direct and substantial
competition in price and innovation between dominant supplier Axon and
its closest competitor, VieVu, to serve large metropolitan police
departments, the merger removed VieVu as a bidder for new contracts and
allowed Axon to impose substantial price increases, according to the
complaint.

“Competition not only keeps prices down, but it drives innovation
that makes products better,” said Ian Conner, Director of the FTC’s
Bureau of Competition. “Here, the stakes could not be higher. The
Commission is taking action to ensure that police officers have access
to the cutting-edge products they need to do their job, and police
departments benefit from the lower prices and innovative products that
competition had provided before the acquisition.”
The complaint also states that as part of the merger agreement, Axon
entered into several long-term ancillary agreements with VieVu’s former
parent company, Safariland, that also substantially lessened actual and
potential competition. These agreements barred Safariland from competing
with Axon now and in the future on all of Axon’s products, limited
solicitation of customers and employees by either company, and stifled
potential innovation or expansion by Safariland. These restraints, some
of which were intended to last more than a decade, are not reasonably
limited to protect a legitimate business interest, according to the
complaint.
The Commission vote to issue the administrative complaint was 5-0.
The administrative trial is scheduled to begin on May 19, 2020.
NOTE: The Commission issues an administrative
complaint when it has “reason to believe” that the law has been or is
being violated, and it appears to the Commission that a proceeding is in
the public interest. The issuance of the administrative complaint marks
the beginning of a proceeding in which the allegations will be tried in
a formal hearing before an administrative law judge.
The Federal Trade Commission works to
promote competition, and protect and educate consumers. You can learn more about
how competition benefits consumers or
file an antitrust complaint. Like the FTC on
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Contact Information
MEDIA CONTACT:
Betsy LordanOffice of Public Affairs202-326-3707
BUREAU CONTACT:
Lincoln Mayer
Bureau of Competition202-326-3324
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