Recent Developments in Antitrust
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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 […]

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 […]