Recent Developments in Antitrust
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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 […]

DOJ Approves Charter’s Acquisition of TWC With Behavioral Conditions

May 19, 2016 at 4:31 pm

On April 25, 2016, the DOJ entered into settlement agreement approving Charter Communications, Inc.’s (“Charter”) acquisition of Time Warner Cable Inc. (“TWC”) and its related acquisition of Bright House Networks, LLC to create New Charter as long as the parties agreed to certain behavioral conditions. DOJ’s Vertical Concerns Related to […]

No Upfront Buyer Required in Air Liquide/Airgas Approval

May 13, 2016 at 5:03 pm

On May 13, 2016, the FTC approved a merger American Air Liquide Holdings, Inc. and Airgas, Inc. as long as the parties divest certain production and distribution assets to settle the FTC’s allegations that their proposed merger likely would have harmed competition and led to higher prices in several U.S. […]

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 […]

FTC Announces 2016 Monetary Thresholds for HSR Act Filings and Interlocking Directorates

January 29, 2016 at 4:28 pm

On January 21, 2016, the Federal Trade Commission announced its annual revisions to the monetary thresholds of the Hart Scott Rodino Antitrust Improvements Act of 1976, as amended, (the “HSR Act”) and Section 8 of the Clayton Act. The revised thresholds are expected to become effective in late February 2016, […]

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 […]