Recent Developments in Antitrust

FTC Settles Two Complaints Charging Rebate-Fulfillment Violations

April 27, 2007 at 10:59 am

On April 27, the FTC settled charges against two companies for unfair and deceptive rebate practices. The FTC’s complaint against Soyo, Inc., a Nevada corporation, alleges that most of Soyo’s rebates were delivered late – in some cases, consumers had to wait a year or longer for their checks to […]

FTC Identifies Additional Group of ChoicePoint Identity Theft Victims Who May Qualify for Redress

April 24, 2007 at 10:56 am

On April 24, the FTC mailed out an additional 1,500 claim forms for reimbursement to consumers who may have been victims of identity theft due to alleged security lapses at data broker ChoicePoint, Inc. In December, 2006, the FTC mailed claim forms to 1,400 consumers. In 2005, ChoicePoint, which compiles […]

Justice Department Requires Divestitures in Amsted Industries Inc.’s Purchase of FM Industries

April 18, 2007 at 2:08 pm

On April 18, the DOJ reached a settlement with Chicago-based Amsted Industries Incorporated in order to remedy harm to competition arising from its December 2005 acquisition of FM Industries (“FMI”). Before the acquisition could be approved Amstead had to divest certain assets. FMI formerly was a wholly owned subsidiary of […]

Antitrust Division Names New Deputy Assistant Attorney General for Regulatory Matters

April 17, 2007 at 2:03 pm

On April 17, Thomas O. Barnett, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that Deborah A. Garza will serve as the Deputy Assistant Attorney General for Regulatory Matters. Ms. Garza will oversee transportation, energy, agriculture, telecommunications and other regulatory matters for the Division. Most recently, Ms. […]

Department of Justice and Federal Trade Commission Issue Report on Antitrust and Intellectual Property

April 17, 2007 at 1:29 pm

On April 17, the DOJ and the FTC issued a joint report, “Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition,” to inform consumers, businesses, and intellectual property rights holders about the agencies’ competition views with respect to a wide range of activities involving intellectual property. The report discusses […]

FTC Challenges Actavis Group’s Proposed Acquisition of Abrika

April 16, 2007 at 4:57 pm

On April 16, the FTC requested Actavis Group’s (“Actavis”) and Abrika Pharmaceuticals, Inc. (“Abrika”) divest all rights and assets needed to make and market generic isradipine capsules to Cobalt Laboratories, Inc. (“Cobalt”) within 10 days of the proposed acquisition. The FTC challenged the terms of the acquisition alleging that the […]

FTC Files Complaint in Federal District Court Seeking to Block Equitable Resources’ Acquisition of The Peoples Natural Gas Company from Dominion Resources

April 13, 2007 at 5:01 pm

On April 13, the FTC filed for a temporary restraining order and preliminary injunction in the U.S. District Court of Western Pennsylvania, to stop Equitable Resources, Inc.’s (“Equitable”) proposed acquisition of The Peoples Natural Gas Company (“Dominion Peoples”), a subsidiary of Dominion Resources, Inc. The FTC alleged that the acquisition […]

New Mexico Court Temporarily Blocks Western Refining’s Acquisition of Rival Energy Company Giant Industries, Inc.

April 13, 2007 at 4:16 pm

On April 13, the U.S. District Court for the District of New Mexico issued a temporary restraining order (“TRO”) to prevent Western Refining, Inc. from closing on its proposed $1.4 billion acquisition of Giant Industries, Inc., pending the completion of a preliminary injunction hearing. On April 10, 2007, the FTC […]

Justice Department Requires Divestitures in Cemex’s Acquisition of Rinker Group

April 4, 2007 at 3:07 pm

On April 4, the DOJ announced that it reached a settlement that will require Mexico-based Cemex S.A.B. de C.V. to divest 39 ready mix concrete, concrete block, and aggregate facilities in Arizona and Florida in the event Cemex succeeds in its hostile takeover of Australia-based Rinker Group. The DOJ said […]