Recent Developments in Antitrust
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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 […]

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 […]