On Sept. 4, the DOJ challenged Novelis's proposed $2.6 billion purchase of Aleris, citing concerns that the combination of two of the four North American producers of aluminum for automobile bodies would result in higher prices. In the same press release, the Antitrust Division stated that it had agreed with the defendants to refer the matter to binding arbitration. While the DOJ has had the power to invoke arbitration since the passage of the Administrative Dispute Resolution Act of 1996, this marks the first time the Division has done so.