December 2008 :: Antitrust Lawyer Blog
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Squeezed On: December 29, 2008

FTC ORDERS DIVESTITURE IN KING PHARMACEUTICAL’S ACQUISITION OF RIVAL ALPHARMA

On December 29, 2008, the Federal Trade Commission (“FTC”) required a divestiture to resolve antitrust concerns with King Pharmaceuticals, Inc.’s (“King”) $1.6 billion acquisition of Alpharma, Inc. (“Alpharma”). To remedy the situation, the FTC is requiring King to divest Alpharma’s brand Kadian, an oral long-acting opioid (“LAO”) analgesic drug, to Actavis, one of the world’s largest generic drug companies, no later than 10 days of King’s acquisition of Alpharma. According to the FTC, King’s own brand of an oral LAO drug, Avinza, is a close substitute to Kadian for many customers.

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Squeezed On: December 22, 2008

A MAJOR IN US ARMY RESERVE PLEADS GUILTY TO BRIBERY AT CAMP VICOTRY, IRAQ

On December 22, 2008, Theresa J. Baker, a major in the U.S. Army Reserve, pled guilty for her role in two conspiracies to commit bribery involving U.S. Department of Defense (“DOD”) contracts at Camp Victory, Iraq.

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Squeezed On: December 19, 2008

FTC ORDERS DIVESTITURE IN TEVA’s ACQUISITION OF BARR

On December 19, 2008, Teva Pharmaceuticals Industries Ltd.’s settled charges that its proposed $8.9 billion acquisition of rival generic drug maker Barr Pharmaceuticals Inc. would be anticompetitive. The consent order required Teva and Barr to sell assets in 29 relevant markets, including generic drugs commonly used to treat acid reflux disease, various types of cancer, bacterial infections, diabetes, and depression.

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Squeezed On: December 18, 2008

DOJ FILES ANTITRUST LAWSUIT AGAINST MICROSEMI CORPORATION

On December 18, 2008, the Department of Justice (“DOJ”) filed an antitrust lawsuit against Microsemi Corporation (“Microsemi”) alleging that Microsemi’s acquisition of Semicoa Inc.’s (“Semicoa”) assets has reduced or eliminated competition for the development, manufacture, sale of certain semiconductor devices used by the U.S. military and space programs, resulting in the increase in the price of these products and a potential decline in quality.

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Squeezed On: December 18, 2008

FORMER EXECUTIVE AT SOIL TREATMENT COMPANY PLEADS GUILTY TO DEFRAUDING EPA

On December 18, 2008, Zul Tejpar, a former employee at Bennett Environmental Industries (“BEI”), a Canadian soil treatment company, pled guilty for defrauding the U.S. Environmental Protection Agency (“EPA”) at the EPA-designated Superfund site, Federal Creosote in Manville, NJ and agreed to pay a criminal fine of $1 million and help in the ongoing investigation.

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Squeezed On: December 15, 2008

TENTH PLEA AGREEMENT IN DOJ’S ONGOING INVESTIGATION IN MILITARY RESTRAINTS INDUSTRY

On December 15, 2008, Yong Zhu, the president of Chino, an import-export company that provides Chinese supplies to U.S. companies, pled guilty for his role in a conspiracy to commit honest services wire fraud.

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Squeezed On: December 15, 2008

TWO INVESTMENT FUNDS VIOLATE ANTITURST PRE-MERGER NOTIFICATION REQUIREMENTS AS OUTLINED IN HSR ACT

On December 15, 2008, ESL Partners (“ESL”) of Greenwich, Conn., and ZAM Holdings (“ZAM”) of New York City, two investment funds with holdings in numerous companies, will pay $525,000 and $275,000, respectively, in civil penalties for violating antitrust pre-merger notification requirements under the Hart-Scott-Rodino Act of 1976 (“HSR Act”).

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Squeezed On: December 11, 2008

DOJ REQUIRED DIVESTITURES IN PNC’S ACQUISTION OF NATIONAL CITY

On December 11, 2008, the Department of Justice (“DOJ”) required The PNC Financial Services Group (“PNC”) to sell 61 of National City Corporation’s (“National City”) branches totaling approximately $4.1 billion in deposits for PNC’s acquisition of National City to proceed.

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Squeezed On: December 11, 2008

ANOTHER INDIVIDUAL PLEADS GUILTY IN DEFRAUDING FCC E-RATE PROGRAM

On December 11, 2008, Cynthia K. Ayer, Bambarg County (South Carolina) School District’s former technology coordinator, pled guilty for her role in a conspiracy to defraud the Federal Communication Commission’s E-Rate Program and agreed to serve two years in jail and pay a criminal fine of $468,496.

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Squeezed On: December 10, 2008

NINTH INDIVIDUAL PLEADS GUILTY TO RIGGING BIDS AND VIOLATING THE FCPA IN DOJ’S ONGOING INVESTIGATIO IN MARINE HOSE INDUSTRY

On December 10, 2008, Misao Hioki, general manager of International Engineered Products, pled guilty to his role in a conspiracy to rig bids, fix prices and allocate market shares of marine hose in the United States. He also pled guilty for his role in another conspiracy to violate the Foreign Corrupt Practices Act (“FCPA”) by making corrupt payments to government officials in Latin America and elsewhere to obtain and retain business. He has agreed to serve two years in jail, pay a criminal fine of $80,000 and help in the Department of Justice’s (“DOJ”) investigation.

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Posted In: White Collar Crime Highlights

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Squeezed On: December 10, 2008

NEW JERSEY MAN CHARGED WITH RACKETEERING, PRICE FIXING, BID RIGGING AND CONTRACT ALLOCATION

On December 10, 2008, Randall Lee Rahal, the owner and president of Intramark USA Inc., a New Jersey wholesaler of food ingredients, was charged for his role in conspiracies involving racketeering, price fixing, bid rigging and contract allocation, and with money laundering, in the processed tomato products industry. Mr. Rahal agreed to forfeit $600,000 as well.

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Posted In: White Collar Crime Highlights

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Squeezed On: December 4, 2008

FRENCH COMPETITION COUNCIL FINES FOUR OIL COMPANIES FOR FORMING FUEL SUPPLY CARTEL

On December 4, 2008, the French Competitive Council (“Council”) fined four oil companies, Chevron-Texaco, Total, Exxon, and Shell, €41.1 million for their role in price fixing of fuel for Air France flights on the French Indian Ocean island of La Reunion. According to the Council, the four companies violated the European Community Treaty’s Article 81 and a corresponding French law provision.

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Posted In: International Highlights

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Squeezed On: December 3, 2008

DOJ REQUIRES DIVESTURE IN REPUBLIC’S ACQUISTION OF ALLIED WASTE

On December 3, 2008, the Department of Justice (“DOJ”) required Republic Services Inc. (“Republic”) and Allied Waste Industries Inc. (“Allied”) to divest to divest 87 commercial waste collection routes, nine landfills and 10 transfer stations for Republic’s $4.5 billion acquisition of Allied to proceed.

Continue reading " DOJ REQUIRES DIVESTURE IN REPUBLIC’S ACQUISTION OF ALLIED WASTE " »

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Posted In: DOJ Antitrust Highlights

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Squeezed On: December 2, 2008

UK MARINE HOSE CARTEL EXECUTIVES RECEIVE REDUCED SENTENCES

On December 2, 2008, Peter Whittle, David Brammar and Bryan Allison all received reductions in their sentences to 3 months, 2 years, and 20 months respectively from the UK Court of Appeal.

Continue reading " UK MARINE HOSE CARTEL EXECUTIVES RECEIVE REDUCED SENTENCES " »

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Squeezed On: December 1, 2008

DUNLOP CHARGED WITH BID RIGGING, FIXING PRICES, AND MARKET ALLOCUTION IN MARINE HOSE INDUSTRY

On December 1, 2008, Dunlop Oil & Marine Ltd (“Dunlop”), located in Grimsby, England, pled guilty to rigging bids, fixing prices and allocating market shares of marine hose sold in the United States. Dunlop also agreed to pay a $4.54 million criminal fine and cooperate with the DOJ’s ongoing antitrust investigation.

Continue reading " DUNLOP CHARGED WITH BID RIGGING, FIXING PRICES, AND MARKET ALLOCUTION IN MARINE HOSE INDUSTRY " »

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Posted In: White Collar Crime Highlights

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