October 2006 :: Antitrust Lawyer Blog
Squeezed On: October 31, 2006

Justice Department Suspends Investigation Of Entercom Communications Purchase Of N.Y. Radio Stations From CBS Corporation

The DOJ announced on October 31st that it suspended its investigation of Entercom Communications Corporation's proposed $262 million acquisition of Texas, Ohio, Tennessee, and New York radio stations from CBS Corporation as long as the companies sell three Rochester radio stations. Entercom informed the DOJ that it planned to divest the three Rochester stations in order to avoid the need for further investigation and to comply with the Federal Communications Commission's (“FCC”) local ownership rules.

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Squeezed On: October 31, 2006

FTC Challenges Terms of Watson Pharmaceuticals’ Acquisition of Andrx

On October 31, the Federal Trade Commission announced its decision to challenge the terms of Watson Pharmaceuticals, Inc.’s proposed $1.9 billion acquisition of Andrx Corporation, a deal that would have led to competitive problems in the markets for 13 generic drug products. In allowing the deal to proceed while addressing these competitive problems, the Commission has ensured the maintenance of competition that otherwise would have been lost through the acquisition, and protected consumers from likely higher prices for the drugs.

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Squeezed On: October 31, 2006

Commission clears planned acquisition of Bayer Diagnostics by Siemens

On October 31st, the European Commission cleared the proposed acquisition of Bayer Diagnostics, the diagnostic division of Bayer Healthcare, a business unit of Bayer AG of Germany, by Siemens AG of Germany. The Commission concluded that the transaction would not significantly impede effective competition in the European Economic Area or any substantial part of it.

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Squeezed On: October 30, 2006

Justice Department Will Not Oppose Proposal By Standard-Setting Organization on Disclosure and Licensing of Patents

On October 30, the DOJ announced that it will not oppose a proposal by the VMEbus International Trade Association (“VITA”) to implement a policy on the disclosure and licensing of patents. The policy requires the disclosure of essential patents, commitments to license essential patent claims on fair, reasonable, and non-discriminatory terms, and declarations of the most restrictive licensing terms that patent holders will require. The DOJ said that the proposed policy will enable VITA to make better informed decisions and thereby formulate standards that will benefit consumers.

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Squeezed On: October 23, 2006

What Is Confession Good for Now?

Andre P. Barlow's most recent published article is now available on the Legal Times website. To read it, please visit: http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1161075916475&hub=Commentary

Squeezed On: October 22, 2006

Nation’s Largest Funeral Home/Cemetery Chains Agree to FTC Terms Before They May Merge

On November 22, the nation’s two largest funeral home and cemetery chains reached an agreement with the Federal Trade Commission, which contended that Service Corporation International’s (SCI) proposed acquisition of Alderwoods Group Inc. would lessen competition in 47 markets for funeral or cemetery services, leaving consumers with fewer choices and the prospect of higher prices or reduced levels of service. Under the settlement, SCI must sell funeral homes in 29 markets and cemeteries in 12 markets across the United States. In six other markets, SCI must sell certain funeral homes that it plans to acquire or end its licensing agreements with third-party funeral homes affiliated with SCI.

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Squeezed On: October 20, 2006

FTC Challenges Barr’s Proposed Acquisition of Pliva

On October 20, the Federal Trade Commission announced its decision to challenge Barr Pharmaceutical, Inc.’s proposed acquisition of Pliva for approximately $2.5 billion. The FTC’s complaint alleges that the acquisition as originally structured would have eliminated current or future competition between Barr and Pliva in certain markets for generic pharmaceuticals treating depression, high blood pressure and ruptured blood vessels, and in the market for organ preservation solutions, thereby increasing the likelihood that consumers would pay more for these vital products.

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Squeezed On: October 20, 2006

Commission approves proposed acquisition of Mercury by Hewlett Packard

On October 20, the European Commission cleared the proposed acquisition by Hewlett Packard Company of control over the U.S. software company Mercury Interactive Corporation. The Commission concluded that the proposed transaction would not significantly impede effective competition in the European Economic Area or any substantial part of it.

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Squeezed On: October 19, 2006

Justice Department Reaches Agreement Requiring Divestitures in Merger of Regions Financial Corp. and AmSouth

On October 19, the DOJ announced that Regions Financial Corporation and AmSouth Bancorporation agreed to sell 52 AmSouth branch offices with approximately $2.7 billion in deposits in Alabama, Mississippi and Tennessee in order to resolve competitive concerns raised by the companies' proposed merger. The DOJ said that without the divestitures the merger would adversely affect competition in local markets in the three states for small business lending, resulting in fewer choices for small business customers. The combination of Regions and AmSouth creates the largest bank in Alabama and Mississippi, the 2nd largest bank in Tennessee, and the15th largest bank in the United States.

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Squeezed On: October 18, 2006

Three Executives Indicted for their roles in the Dram Price-Fixing & Bid-Rigging Conspiracy

A federal grand jury in San Francisco returned an indictment on October 18th against two executives from Samsung Electronics Ltd. (“Samsung”) and one executive from Hynix Semiconductor America Inc. (“Hynix America”) for their participation in a global conspiracy to fix DRAM prices.

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Squeezed On: October 17, 2006

FTC Charges That Thermo Electron’s Acquisition of Fisher Scientific

The Commission charged on October 17 that Thermo Electron Corporation’s proposed $12.8 billion acquisition of Scientific International, Inc. would harm competition in the U.S. market for high-performance centrifugal vacuum evaporators (“CVEs”) in violation of the antitrust laws. Thermo and Fisher are the only two significant suppliers of high-performance CVEs in the United States and the proposed transaction would have eliminated the direct price, service, and innovation competition that exists between them. To settle the Commission’s charges, Thermo is required to divest Fisher’s Genevac division, which includes Fisher’s entire CVE business, within five months of the date the consent agreement was signed.

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Squeezed On: October 12, 2006

FCC Releases Notice of Inquiry Regarding Competition in the Delivery of Video Programming

On October 12, the FCC released a Notice of Inquiry for its Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, as required by Congress. The Notice of Inquiry, which seeks comment and information on competition in the video programming market, is designed to assist the FCC with its annual Video Competition Report.

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Squeezed On: October 9, 2006

Commission approves proposed acquisition of joint control by Arcelor Profil Luxembourg and SNCFL of newly created CFL Cargo

On October 9th, the European Commission cleared the proposed acquisition of joint control by Arcelor Profil Luxembourg and SNCFL of CFL Cargo, by way of purchase of shares. The Commission concluded that the transaction would not significantly impede effective competition in the European Economic Area (EEA) or any substantial part of it.

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Squeezed On: October 6, 2006

FCC Takes No Action against Time Warner for Dropping NFL Network

On October 6, the FCC ended its investigation into Time Warner Cable’s (“Time Warner”) decision in August to drop the NFL Network without providing appropriate notice to subscribers. The FCC reached a consent decree in which Time Warner agreed that it violated an FCC rule that requires cable operators to provide customers 30 days notice before deleting a channel. The agency said it would take no action against Time Warner and closed the investigation. NFL Network complained to the FCC after Time Warner dropped the sports channel on some newly acquired systems from Comcast and Adelphia Communications.

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Squeezed On: October 5, 2006

Telephone Record Seller Settles FTC Charges

On October 5, an Internet business that advertised and sold consumers’ phone records and records of credit card accounts to third parties agreed to settle Federal Trade Commission charges that it violated federal law. The settlement bars the defendants from obtaining or selling consumers’ confidential phone and credit account records unless authorized by law or court order’ and requires that they give up the money they made selling phone records in the past.

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Squeezed On: October 3, 2006

FTC Intervenes in Formation of ULA Joint Venture by Boeing and Lockheed Martin

On October 3, the Federal Trade Commission announced its decision to intervene in the formation of United Launch Alliance, L.L.C. (ULA), a proposed joint venture between The Boeing Company and Lockheed Martin Corporation. The FTC’s complaint alleges that by combining the only two suppliers of U.S. government medium to heavy (MTH) launch services the joint venture as originally structured would have reduced competition in the markets for MTH launch services and space vehicles.

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Squeezed On: October 2, 2006

FCC OKs ALLTELL-Midwest with Conditions

On October 2, the FCC consented to the applications filed in connection with the proposed acquisition of Midwest Wireless Holdings, LLC (“Midwest Wireless”) by ALLTEL Communications, Inc. (“ALLTEL”), subject to certain conditions. ALLTEL provides wireless communications services to approximately 11 million wireless customers in 35 states. Midwest Wireless is a wireless provider with more than 400,000 customers in southern Minnesota, northern and eastern Iowa, and western Wisconsin.

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