Antitrust Lawyer Blog

Also on April 28, the Commission approved the publication of a notice of proposed rulemaking in the Federal Register that would amend the Telemarketing Sales Rule to revise the fees charged for industry access to the National Do Not Call Registry. The FTC is currently accepting comments on these proposed fee changes. Under the proposed new fee structure, the annual fee for each area code of data accessed would become $62, and the maximum amount charged to entities accessing 280 area codes or more would become $17,050.

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On April 28, the Federal Trade Commission (“Commission”) authorized the staffs of the Bureau of Consumer Protection, Bureau of Economics and Office of Policy Planning to file comments with the U.S. Food and Drug Administration (“FDA”) concerning the FDA’s recently issued draft guidance for industry and agency staff on labeling statements about the whole grain content of food products. The 2005 Dietary Guidelines for Americans, issued by the FDA and the Department of Health and Human Services (“HHS”), include a new and greater emphasis on whole grains as a way to reduce the risk of chronic diseases and manage weight. For the first time, they also contain a specific recommendation that people consume three or more ounce-equivalents of whole grain products per day.

Continue reading " FTC Urges FDA to Clear Uncertainty over Whole Grain Food Statements " »

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On April 28, the Federal Trade Commission (“Commission”) authorized the staffs of the Bureau of Consumer Protection, Bureau of Economics and the Office of Policy Planning to file comments with the U.S. Food and Drug Administration (“FDA”) concerning the FDA’s recently issued draft guidance for industry and agency staff on labeling statements about the whole grain content of food products. The 2005 Dietary Guidelines for Americans, issued by the FDA and the Department of Health and Human Services (“HHS”), include a new and greater emphasis on whole grains as a way to reduce the risk of chronic diseases and manage weight. For the first time, they also contain a specific recommendation that people consume three or more ounce-equivalents of whole grain products per day. U.S. Department of Agriculture consumption data suggests, however, that Americans are falling far short of these dietary recommendations.

Continue reading " Comments over Whole Grain Labeling " »

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On April 28, the Federal Trade Commission approved the publication of a notice of proposed rulemaking in the Federal Register that would amend the Telemarketing Sales Rule to revise the fees charged for industry access to the National Do Not Call Registry. The FTC is currently accepting comments on these proposed fee changes. Under the proposed new fee structure, the annual fee for each area code of data accessed would become $62, and the maximum amount charged to entities accessing 280 area codes or more would become $17,050.

Continue reading " FTC Revises Fees for Do Not Call Registry " »

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On April 27, the DOJ announced that Assistant Attorney General Thomas O. Barnett will participate in the fifth annual International Competition Network (“ICN”) Conference in Cape Town, South Africa, on May 3-5, 2006. At the conference, senior antitrust officials and private antitrust experts from around the world as well as representatives from intergovernmental organizations will meet to discuss competition issues. The ICN conference will focus on the recent work of its four substantive working groups – (1) Cartels, (2) Mergers, (3) Antitrust Enforcement in the Telecommunications Sector, and (4) Competition Policy Implementation. ICN member agencies participate in these project-oriented working groups to address policy and enforcement issues and formulate proposals for ICN consensus. Private sector experts and intergovernmental organizations are active participants in the working groups. Conference discussions will address the issues considered by the four working groups and will include: obstruction of justice in cartel investigations; digital evidence gathering; the interaction of public and private enforcement in cartel investigations; the analytical framework for merger review; suggested best practices in antitrust enforcement in the telecommunications sector; and the promotion of competition policy in developing and transition economies. Participants will also discuss the implementation of the ICN Recommended Practices for Merger Notification and Review Procedures and other ICN work product.

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Posted In: Civil Non-Merger Highlights , DOJ Antitrust Highlights

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On April 27, the DOJ announced Hughey Inc., which does business as Carmel Concrete Products (“Carmel”), and its president, Scott D. Hughey agreed to plead guilty and pay criminal fines for fixing the price of ready mixed concrete in the Indianapolis metropolitan area. Under the plea agreement, which must be approved by the court, Carmel and the DOJ agreed to allow the court to determine an appropriate fine for the company. Mr. Hughey's plea agreement, which is also subject to court approval, requires him to pay a fine of $30,000 to $50,000 and to serve a term of imprisonment to be determined by the court. In addition, Mr. Hughey has agreed to assist the government in its ongoing investigation. To date, four companies and nine executives have pleaded guilty or were charged for their roles in the price-fixing conspiracy. Fines totaling more than $30 million have resulted from the DOJ's ongoing antitrust investigation of the ready mixed concrete industry.

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Posted In: DOJ Antitrust Highlights , White Collar Crime Highlights

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On April 24th, the Federal Trade Commission’s Bureau of Competition issued a summary of agreements filed with the Commission in fiscal year 2005 (ending September 30, 2005) by generic and branded drug manufacturers. The Medicare Prescription Drug, Improvement, and Modernization Act of 2003 requires drug companies to file certain agreements with the FTC and the U.S. Department of Justice. The summary provides information regarding the 20 agreements that were filed with the FTC in FY 2005, involving 16 different products. It also compares FY 2005 data with those received in FY 2004 and with findings of the Commission’s 2002 study entitled “Generic Drug Entry Prior to Patent Expiration.”

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Posted In: Civil Non-Merger Highlights , FTC Antitrust Highlights

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On April 20th, the Federal Trade Commission announced a consent agreement that will protect competition and consumers in several significant medical device markets affected by Boston Scientific’s proposed $27 billion acquisition of the Guidant Corporation (“Guidant”). The agreement will allow the transaction to proceed, provided the parties comply fully with its terms.

Continue reading " Concent Agreement Issued over Boston Scientific - Guidant Merger " »

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Posted In: FTC Antitrust Highlights , Merger Highlights

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The FTC announced on April 19 it joined its foreign partners in calling for stepped up cross-border law enforcement cooperation and increased public/private sector cooperation to combat spam. The Organization for Economic Cooperation and Development (“OECD”) issued recommendations in this area on the same day.

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The FTC announced on April 19 it joined its foreign partners in calling for stepped up cross-border law enforcement cooperation and increased public/private sector cooperation to combat spam. The Organization for Economic Cooperation and Development (“OECD”) issued recommendations in this area on the same day. To date, the FTC already implemented many of the OECD recommendations. For example, it engages in aggressive law enforcement against international spammers; works with an international network of spam enforcement authorities; partners with the private sector on consumer education; and, encourages the private sector to implement domain-level authentication systems.

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On April 18, two companies and their owner, who were charged with selling bogus bartender and mystery shopper certification programs, were banned for life from telemarketing. The owner also will pay $115,000 and turn over his Porsche convertible to settle the Commission’s charges. The owner, Stevan P. Todorovic, is a repeat-offender who also is under a court order from October 2001; following FTC charges that he deceptively sold auction information guides.

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On April 18, two companies and their owner, who were charged with selling bogus bartender and mystery shopper certification programs, were banned for life from telemarketing. The owner also will pay $115,000 and turn over his Porsche convertible to settle the Commission’s charges. The owner, Stevan P. Todorovic, is a repeat-offender who also is under a court order from October 2001, following FTC charges that he deceptively sold auction information guides. The defendants placed “help wanted” ads in local newspapers seeking bartender trainees and mystery shoppers. When job-seekers responded to the advertisements, the defendants’ telemarketers represented that positions were available, but only for those consumers who had been “certified” by defendants as bartenders or mystery shoppers. The defendants led consumers to believe that upon being “certified,” they would receive concrete information on available job openings. Yet after charging consumers between $58.90 and $98.90 for their at-home certification programs, the defendants provided consumers with only general lists of potential employers that are available elsewhere at no cost, which often had never heard of the defendants and attached no significance whatsoever to their “certifications.”

Continue reading " FTC Bans Two Telemarket Companies " »

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On April 14, the Justice Department’s Antitrust Division (“Antitrust Division”) announced a $1.8 million civil settlement against merger partners Qualcomm and Flarion Technologies alleging “gun-jumping” violations of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The action underscores the Antitrust Division’s resolve to vigorously scrutinize the conduct of merging parties prior to consummation of the transaction.

Continue reading " Jumping the HSR Gun Is Costly for Qualcomm " »

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On April 11, 2006, a federal grand jury returned indictments charging MA-RI-AL Corporation, which does business as Beaver Materials Corp., Chris A. Beaver, Ricky J. Beaver and John J. Blatzheim for their roles in the ready mixed concrete price-fixing conspiracy. The individuals were also indicted on charges that they knowingly made false statements to federal law enforcement officials during the investigation. The trial is set for June 5, 2006 before Judge Larry J. McKinney. In March 2006, Builder's Concrete & Supply Co. Inc. and its president, Gus "Butch" Nuckols III pleaded guilty for their participation in the ready mixed concrete conspiracy in the Indianapolis metropolitan area.

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Posted In: DOJ Antitrust Highlights , White Collar Crime Highlights

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