The disclosure came with documents filed on 6/28 as the Notice of Auction Cancellation and Successful Bidder.
NOTICE OF AUCTION CANCELLATION AND SUCCESSFUL BIDDER
The document, filed in the U.S. Bankruptcy Court for the Southern District of Florida, said the purchase by Monster is being delayed following a review from the Federal Trade Commission.
Unless the FTC ends the review early then court docs mandate that if requirements tied to the merger don’t expire or aren’t terminated by June 30, the deal falls apart.
Bang and Monster could agree to an extension, the court filing noted. If the deal isn’t extended, Bang will be forced to liquidate.
Legal Battles
Monster’s decision to acquire Bang is the culmination of a series of legal battles between the Bang and Monster energy drink makers.
In the last two years, Bang and its parent VPX have lost two landmark legal battles with Monster.
In January 2022, Monster Energy and its affiliate, Orange Bang, won in a California-based arbitration case. The case was related to a trademark infringement claim against VPX.