Antitrust Lawyer Blog

The Federal Trade Commission will host three days of public hearings to examine how evolving technology will shape and change the habits, opportunities and challenges of consumers and businesses in the coming decade. The event will bring together experts from business, government and technology sectors, consumer advocates, academicians, and law enforcement officials to examine emerging technologies and to explore technologies that are currently evolving.

Continue reading " FTC Advises “Save This Date” " »

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Posted In: Civil Non-Merger Highlights , FTC Consumer Protection Highlights

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On July 31, the U.S. District Court for the Northern District of Georgia barred a purported former preacher, his two sons, and his companies from selling a healthcare business opportunity promising consumers millions of dollars if they participated in an alleged network of Medicaid providers. In fact, according to the Federal Trade Commission (“FTC”) complaint, the defendants’ business model required participants to break numerous state and federal laws.

Continue reading " FTC Stops Family and Companies Selling Illegal Business Opportunity " »

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Posted In: Civil Non-Merger Highlights , FTC Consumer Protection Highlights

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On July 28, the FCC issued a public notice in which its Wireless Telecommunications Bureau (“Bureau”) identifies 168 applicants found to be qualified to bid in the upcoming auction of Advanced Wireless Services licenses in the 1710-1755 MHz and 2110-2155 MHz bands (“AWS-1”) (Auction No. 66). Bidding in Auction No. 66 is scheduled to begin on Wednesday, August 9, 2006.

Continue reading " FCC to Release Bidder Interests and Identities for Auction No. 66 " »

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

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Canadian telemarketers settled Federal Trade Commission (“FTC”) charges on July 26 that they fraudulently marketed and sold credit card loss protection and healthcare discount plans to U.S. consumers in violation of federal law. Their telemarketing boiler rooms were shut down, and they will pay $200,000 in consumer redress as part of the settlement.

Continue reading " Canadians Selling Bogus Credit Card Protection and Healthcare Discount Plans Settle FTC Charges " »

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Posted In: Civil Non-Merger Highlights , FTC Consumer Protection Highlights

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On July 21, China International Marine, Inc. and Netherlands-based Burg Industries stated that their merger announced in February, which would have created one of the world’s largest container makers, would be scrapped. This merger, valued at approximately $104 million, would have effectively combined the two companies under a single holding company.

China International said that the decision to terminate the deal was made after “judging the process for European Union regulators to review the transaction.” However, Burg Industries CEO Cees Van der Burg reportedly held that the EC notified China International and Burg to terminate the deal out of concerns that the proposed joint venture would become a monopoly in the market for the manufacture of tank containers for liquid cargos.

The EC investigation, launched in March, marked the first EC antitrust investigation into a Chinese company. The Chinese National Development and Reform Commission had already given its approval to the deal in April after the proposed merger was given a nod by the Chinese Ministry of Commerce.

Continue reading " First EC Investigation of Chinese-EU Merger Ends After Deal Scrapped " »

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Posted In: International Highlights

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On July 26, Oji, Japan's largest paper manufacturer said it would go ahead with a tender offer for sixth-ranked Hokuetsu in a deal that could exceed $1.4 billion, a rare attempt at a hostile takeover in a society where deals are generally more cautious and consensus-led. An Oji-Hokuetsu merger would create the world's fifth-largest paper manufacturer. In a move to prevent Oji Paper Co.'s hostile takeover bid, Nippon Paper Industries Co. started purchasing large amounts of Hokuetsu Paper Mills Ltd.’s shares.

Continue reading " Rare Japanese Takeover Rejected " »

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Posted In: International Highlights , Merger Highlights

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On July 25, the Federal Trade Commission (“FTC” or “Commission”) told the Subcommittee on Housing and Community Opportunity of the House Financial Services Committee that changes in the real estate industry, which increasingly incorporate the Internet into their business models, give consumers “the choice to save potentially thousands of dollars in commissions in exchange for taking on more work.” Maureen Ohlhausen, Director of the FTC’s Office of Policy Planning told the Committee that the Commission has a long history of preventing unfair methods of competition and ensuring that real estate markets remain competitive.

Continue reading " FTC Testifies on Competition in the Real Estate Brokerage Industry " »

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Posted In: Civil Non-Merger Highlights , FTC Consumer Protection Highlights

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On July 18, the FTC announced that it reached a settlement that would allow Linde AG’s acquisition of the BOC Group to proceed. As is typical in merger reviews, the FTC staff focused on specific product overlaps to determine what assets needed to be divested to resolve the antitrust concerns. The Commission approved the merger so long as the companies divest two groups of assets: (1) liquid oxygen and liquid nitrogen and (2) bulk refined helium. The divestitures are required to satisfy the FTC that competition will not be harmed following the transaction. That being said, an up front buyer was required for one set of assets, while an upfront buyer was not required for the other. The consent order states that Linde will have to find FTC-approved buyer for the liquid oxygen and liquid nitrogen assets within six months, however, the FTC required Linde to divest the bulk refined helium assets to an upfront buyer, Nippon Sanso.

Continue reading " Upfront Buyer and No Upfront Buyer Required in Linde/BOC " »

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Posted In: Articles , Merger Highlights

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On July 18, Britain’s House of Lords overturned the Court of Appeal’s decision in Inntrepreneur Pub Company and others v Crehan, the first case in which a UK court awarded damages for harm suffered as a result of a competition law infringement. As a result, there is now no longer any UK law precedent in which damages for loss suffered as a result of an infringement of competition law have been awarded.

Continue reading " House of Lords Overturns Landmark Inntrepreneur v Crehan case " »

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Posted In: Civil Non-Merger Highlights , International Highlights

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On July 18, Jacques Barrot, the European Commission’s (“Commission” or “EC”) Vice-President in charge of transport, announced the Commission’s intention to improve legislation in relation to the single market for aviation. While the Commission believes that the liberalization of the airline industry brought considerable benefits to consumers, such as reduced air fares, increased routes and greater access to remote regions, it notes that there is room to improve price transparency and the consistent application of legislation.

Continue reading " The European Commission Proposes to Modernize the Single Market for Aviation " »

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Posted In: Civil Non-Merger Highlights , International Highlights

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On July 17, the Commission published its second Interim Report in relation to the retail banking part of its sectoral inquiry into the financial services sector in the Community. The first Interim Report dealt with the payment cards and the second Report covers Current Accounts and Related Services.

Continue reading " Brussels Finds Barriers to Retail Banking Competition " »

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Posted In: Civil Non-Merger Highlights , International Highlights

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Also on July 14, several parties asked the FCC to deny license transfers related to the proposed sale of Verizon Communications, Inc.'s (“Verizon”) Puerto Rico telecom assets – including the incumbent local exchange carrier and its second largest wireless service operator – to America Movil S.A. de C.V. (“American Movil”). Competitors are concerned that the new operators will block the development of competition, regulators in Puerto Rico are dubious of the proposed deal's public-interest claims, and law enforcement officials want more time to examine national security and other questions.

Continue reading " Competitors, Regulators, and Law Enforcement Officials Seek Halt Sale of Verizon’s Puerto Rico Telecom Assets " »

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

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On July 14, a federal judge said he wants to examine internal FCC documents regarding two large recent telephone company mergers to see if the Justice Department protected market competition in approving the buyouts. U.S. District Court Judge Emmet G. Sullivan's review concerns the now-completed mergers of SBC Communications Inc. (“SBC”) with AT&T Corp. (“AT&T”) and Verizon Communications Inc. (“Verizon”) with MCI Inc. (“MCI”).

Continue reading " Federal Judge to Examine Internal FCC Documents Regarding SBC/AT&T and Verizon/MCI Mergers " »

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Posted In: FCC Antitrust Highlights , Merger Highlights

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On July 13, the FCC approved the sale of substantially all of the cable systems and assets of Adelphia Communications Corporation (“Adelphia”) to Time Warner Inc. (“Time Warner”) and Comcast Corporation (“Comcast”), the exchange of certain cable systems and assets between affiliates or subsidiaries of Time Warner and Comcast, and the redemption of Comcast’s interests in Time Warner Cable and Time Warner Entertainment Company.

Continue reading " FCC Approves Adelphia/Time Warner/Comcast Deal With Conditions " »

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Posted In: FCC Antitrust Highlights , Merger Highlights

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On July 13, 2006, the European Court of First Instance (“CFI”) reversed a July 18, 2004 decision by the European Commission allowing a merger between music groups Sony and BMG.

This decision was reached in the wake of an application made by the Independent Music Publishers and Labels Association (“Impala”), an international association representing the interests of 2,500 independent music production companies, on December 3, 2004, after the Commission reversed an earlier decision stating that a combination would increase concentration and was incompatible with European Community law.

Continue reading " Sony BMG recorded music merger clearance annulled by the Court of First Instance " »

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Posted In: International Highlights

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On July 12, 2006 the European Commission (EC) imposed a fine of €280.5 million ($350.6 million) on Microsoft due to Microsoft’s failure to comply with measures outlined in the EC’s infringement decision of March 2004. This penalty marks the first time that the EC used its powers under Article 24 of Regulation 1/2003 to fine a company for a failure to comply with an Article 81 or 82 decision.

Continue reading " EC imposes penalty payment of €280.5 million on Microsoft for continued non-compliance " »

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Posted In: International Highlights

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