Recent Developments in Antitrust
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Antitrust Division Decides Not to Challenge Expedia’s Acquisition of Orbitz

September 18, 2015 at 5:02 pm

On September 16, 2015, the Department of Justice’s Antitrust Division (“DOJ” or “Antitrust Division”) issued a statement regarding it decision to close its six month investigation of Expedia’s $1.3 billion acquisition of Orbitz. The decision means that Expedia can close its acquisition of Orbitz to combine two of only three […]

FTC Issues Best Practices for Merger Investigations

August 8, 2015 at 7:11 pm

On August 4, 2015, the Federal Trade Commission (“FTC”) issued its Best Practices for Merger Investigations.  The Best Practices provide guidance to merging parties on steps they can work cooperatively with the staff by engaging in early discussions, determining effectively when to pull and refile an HSR notification form, narrowing Second Requests, […]

FTC Challenges Deal Based on Future Competition Concerns

May 29, 2015 at 6:38 pm

On May 29, 2015, the Federal Trade Commission (“FTC”) issued an administrative complaint alleging that Steris Corporation’s (“Steris”) proposed $1.9 billion acquisition of Synergy Health plc (“Synergy”) would violate the antitrust laws by significantly reducing future competition in regional markets for sterilization of products using radiation, particularly gamma or x-ray […]

Mergers That Diminish Innovation Present Deal Risk

May 7, 2015 at 11:40 am

On April 27, 2015, the Department of Justice’s (“DOJ”) Antitrust Division released a statement regarding Applied Materials Inc. (“AMAT”) and Tokyo Electron’s (“TEL”) joint announcement that they abandoned their merger.  The Antitrust Division’s statement indicates that the transaction was blocked because the combination would have diminished innovation.  In other words, […]

DOJ Obtains Disgorgement of Profits for Illegally Consummated Merger

March 22, 2015 at 9:10 pm

On March 16, 2015, the Department of Justice (“DOJ”) and New York State Attorney General announced that they reached a settlement with Coach USA Inc., City Sights LLC and their joint venture, Twin America LLC, to remedy competition concerns in the New York City hop-on, hop-off bus tour market.  This […]

FTC Revises Rule Regarding Administrative Challenges After Denial of Preliminary Injunction

March 14, 2015 at 9:07 pm

On March 13, 2015, the Federal Trade Commission (“FTC”) announced revisions to its rules regarding the FTC’s process of determining whether to continue on with an administrative challenge to a merger in the situation when it loses a preliminary injunction motion in federal court. When the FTC seeks to challenge […]

Effective Cooperation with the Antitrust Division Can Lead to Shorter Merger Investigations

January 22, 2015 at 8:58 pm

The key to closing transactions that raise straightforward antitrust concerns in a relatively short time frame is the antitrust counsel’s and the merging parties’ ability to effectively cooperate with the Antitrust Division staff tasked with reviewing the transaction. A.    Martin Marietta/Texas Industries On June 26, 2014, the Antitrust Division approved […]

DOJ’s Approval of Continental AG’s Acquisition of Veyance Requires Remedy of a Vertical Concern

December 11, 2014 at 9:04 pm

On December 11, 2015, the Department of Justice (“DOJ”) approved Continental AG’s $1.8 billion acquisition of Veyance Technologies with conditions.   The settlement agreements requires Continental to divest the North American commercial vehicle air springs business of Veyance and to waive an exclusivity requirement in its supply agreement to resolve a […]

President Obama Chimes in on the Net Neutrality Debate

November 11, 2014 at 5:48 am

On November 10, 2014, President Obama forcefully stated his position on net neutrality.  While acknowledging that the FCC is the agency that has the authority to create new rules protecting net neutrality, President Obama stated that the FCC should create “the strongest possible rules” to stop “paid prioritization” and other […]

MOFCOM’s Block of the P3 Network Shipping Alliance

November 10, 2014 at 11:07 pm

On June 17, 2014, the Ministry of Commerce (“MOFCOM”) blocked the proposed P3 Network shipping alliance between Denmark’s AP Maller-Maersk (“Maersk”), Switzerland’s Mediterranean Shipping Company (“MSC”), and France’s CMA CGM (“CMA CGM”). This is MOFCOM’s second block since it started conducting merger reviews approximately six years ago.  This is the […]