Recent Developments in Antitrust
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Why DOJ Needs To Extend Anheuser-Modelo Consent Decree

April 8, 2016 at 5:03 pm

Corona’s advertising slogan encourages consumers to find their beach, but consumers may soon have trouble finding Corona. In 2013, the U.S.Department of Justice required Anheuser-Busch InBev (ABI) to grant a perpetual and exclusive U.S. license to some of its Grupo Modelo Mexican beer brands that were at the time competing […]

Getting Distribution Right is the Key to Successful Beer Remedies

January 27, 2016 at 3:20 am

In an indirect way, today’s craft beer renaissance in the United States was made possible by prohibition.  The Eighteenth Amendment to the Constitution, normally referred to as prohibition, was in part a reaction to the system of “tied houses” that dominated the alcohol retail market.  Brewers at the time exerted […]

FTC Is Investigating Shkreli’s 5000% Price Hike of Daraprim

January 22, 2016 at 3:30 am

On January 22, 2016, it was reported that the Federal Trade Commission has opened an investigation into Turing Pharmaceuticals Inc.’s  decision last year to hike the price of the life-saving drug Daraprim by more than 5000 percent.  The New York Attorney General opened an investigation last October after Turing raised the […]

DOJ Requires Divestitures of Theaters to Preserve Competition in Connecticut and New Jersey

December 21, 2015 at 4:08 am

On December 15, 2015, the Department of Justice announced that it reached a settlement with AMC Entertainment Holdings Inc. and SMH Theatres Inc. (Starplex Cinemas) that requires AMC to divest two movie theaters in Connecticut and New Jersey to resolve the DOJ’s antitrust concerns. The DOJ found that AMC’s and […]

DOJ Gets Another Win as Electrolux and GE Abandon Deal

December 12, 2015 at 12:11 pm

On December 7, 2015, after four weeks of trial in the U.S. District Court of the District of Columbia, GE terminated its $3.3 billion sale of its appliance business to Electrolux. In September of 2014, Electrolux announced its acquisition of GE’s appliance business.  The deal was characterized as a way […]

Senate needs a competition Jedi warrior to take a close look at the Anheuser-Busch InBev Empire

December 7, 2015 at 6:51 pm

In one of the most famous scenes in the Star Wars franchise, Obi-Wan Kenobi used a Jedi mind trick to tell a Stormtrooper that “these aren’t the droids you are looking for” and that they can “move along.” The Stormtrooper ignored what was right in front of him and complied. […]

DOJ Blocks Tuna Merger

December 5, 2015 at 4:26 am

On December 3, 2015, the Department of Justice announced that Thai Union Group P.C.L., owner of Tri-Union Seafoods LLC, doing business as Chicken of the Sea International, and Bumble Bee Foods LLC abandoned their deal after the DOJ informed the companies it had serious concerns that the proposed transaction would […]

One Drink Too Many: Why Consumers Will Lose from the Latest Beer Merger

November 13, 2015 at 3:03 am

We are increasingly aware of how mergers often cost consumers and the economy in less competition, higher prices and less choice.  Fortunately, the Antitrust Division of the Justice Department (“DOJ”) has been more willing to go to court and block deals that will harm consumers.  The DOJ should remind itself […]

FTC and DOJ Urge Virginia to Repeal Certificate-of-Need Law

October 28, 2015 at 5:40 pm

On Monday, October 26, 2015, in a joint statement, the Federal Trade Commission and the U.S. Department of Justice urged the state of Virginia to reform or repeal its certificate-of-need (CON) law. CON laws typically require hospitals to obtain government approval before undergoing expansion projects or purchasing major assets, including […]

Senators Urge FTC To Investigate Manufacturers of Saline

October 26, 2015 at 5:28 pm

On Monday, October 26, 2015, U.S. Senators Richard Blumenthal (D-Conn.), Mike Lee (R-Utah), Amy Klobuchar (D-Minn.) and Orrin G. Hatch (R-Utah) sent a letter to the Federal Trade Commission (“FTC”) Chairwoman, Edith Ramirez, requesting that the FTC investigate possible illegal collusion by saline solution manufacturers. In their letter, the senators noted […]