Recent Developments in Antitrust
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DOJ Steps Up to the Plate and Protects Farmers

September 1, 2016 at 6:34 pm

On August 31, the Department of Justice’s Antitrust Division (“DOJ”) filed a lawsuit in the U.S. District Court for the Northern District of Illinois to block Deere & Company’s (“Deere”) proposed $190 million acquisition of Precision Planting LLC (“Precision Planting”) from Monsanto Company in order to preserve competition in the […]

FTC Approves Updates to Hart Scott Rodino Rules

August 26, 2016 at 12:48 pm

On August 26, 2016, the Federal Trade Commission (“FTC”) approved final amendments to the Hart-Scott-Rodino Premerger Notification Rules that allow HSR filings to be submitted on DVD and streamline the instructions to the Premerger Notification Form.  These updates will make the process of submitting HSR filings easier, more efficient and […]

FTC Approves ON’s Acquisition of Fairchild With Structural and Behavioral Conditions

August 25, 2016 at 1:09 pm

On August 25, 2016, the FTC announced that ON Semiconductor Corporation (“ON”) agreed to sell its Ignition Insulated-Gate Bipolar Transistor (“IGBT”) business in order to settle FTC allegations that its proposed $2.4 billion acquisition of Fairchild Semiconductor International, Inc. (“Fairchild”) is anticompetitive. According to the complaint, the merged company would […]

Senator Grassley Calls For Hearings on Consolidation of Seed and Ag Chemical Industry

August 23, 2016 at 2:44 pm

On August 23, 2016, Senate Judiciary Committee Chairman Chuck Grassley announced a hearing on the increasing consolidation within the seed and chemical industry. The hearing will be held in late September.  Senator Grassley said that “The seed and chemical industries are critical to agriculture and the nation’s economy, and Iowans […]

Senator Grassley Urging the FTC and DOJ to Coordinate Reviews of Seed Mergers

August 16, 2016 at 2:51 pm

On August 16, 2016, Senator Charles Grassley (R-IA), chairman of the Senate Judiciary Committee, wrote a letter to FTC Chairwoman Edith Ramirez and DOJ Antitrust Division Head, Renata Hesse in which he expressed concerns regarding two major mergers in agricultural technology and seeds that could potentially hurt competition in the […]

Retail Pharmacies File Antitrust Suit Against Express Scripts

August 3, 2016 at 3:26 am

On Monday, August 1, 2016, five retail pharmacies filed a class action lawsuit against Express Scripts Inc., alleging that Express Scripts usurped patient prescription data gained from independent pharmacies through its pharmacy benefit management business to divert sales to its competing mail-order pharmacy.  According to the complaint, Express Scripts used […]

FTC Approves Generic Pharmaceutical Mergers With Divestitures

July 29, 2016 at 3:32 am

On July 27, 2016, the Federal Trade Commission (“FTC”) cleared to generic pharmaceutical deals. Mylan/Meda Deal Mylan, N.V. agreed to divest the rights and assets related to two generic products to settle allegations that its proposed $7.2 billion acquisition of Meda AB would be anticompetitive.  Under the terms of the […]

DOJ Sues to Block Health Insurance Mergers

July 28, 2016 at 2:11 am

On July 21, the U.S. Department of Justice’s Department of Justice (“DOJ”) and several state attorneys general filed two lawsuits, challenging two major health insurer mergers: (1) Anthem, Inc.’s (“Anthem”) proposed $48.4 billion purchase of Cigna Corporation (“Cigna”) and (2) Aetna Inc.’s (“Aetna”) planned $37 billion acquisition of Humana Inc. (“Humana”). While the […]

Preventing Competitive Harm In AB InBev-SABMiller Merger

June 2, 2016 at 2:53 pm

Andre P. Barlow Few missions are as important to the U.S. Department of Justice’s Antitrust Division as preventing anti-competitive mergers or permitting them with adequate conditions to prevent competitive harm. After all, a merger is forever — fixing it after the fact is too messy. The DOJ is currently investigating […]

AAI, FWW and NFU Urge DOJ to Challenge Dow/DuPont Merger

May 31, 2016 at 6:59 pm

On May 31, 2016, the American Antitrust Institute (“AAI”), Food & Water Watch (“FWW”) and National Farmers Union (“NFU”) sent a letter to the Principal Deputy Assistant Attorney General, Renata Hesse, urging the Antitrust Division of the U.S. Department of Justice (“DOJ”) to challenge the proposed Dow/DuPont merger. The letter […]