Recent Developments in Antitrust

FTC Approves Coca-Cola's Acquisition of its Largest North American Bottler

September 27, 2010 at 1:19 pm

On September 27, the FTC approved Coca-Cola Company's $12.3 billion acquisition of the North American operations of Coca-Cola Enterprises Inc., its largest North American bottler. When the agreement was announced, Coca-Cola already owned about 34 percent of Coca-Cola Enterprises. To resolve antitrust concerns raised by the acquisition, Coca-Cola agreed to […]

New U.K. Merger Assessment Guidelines Introduce More Flexibility In Defining Markets

September 16, 2010 at 11:00 am

On September 16, 2010, the United Kingdom's Office of Fair Trading (“OFT”) and the Competition Commission (“CC”) published the final version of their new joint Merger Assessment Guidelines (“Guidelines”). The Guidelines expand and revise the previous guidance published separately by OFT and CC in various publications and attempt to clarify […]

No Deal is Ever Done

September 14, 2010 at 6:11 pm

The Federal Trade Commission (“FTC”) continues its emphasis on investigating and challenging small consummated transactions that were not initially reviewed. Corporate executives that enter into deals that raise competitive concerns must be aware that deals that appear to be done may not be. This is the case, even if the […]

FTC Settles With Air Products Regarding Its Proposed Hostile Takeover of Airgas, Inc.

September 9, 2010 at 3:57 pm

On September 9, 2010, The FTC entered into a settlement agreement with Air Products and Chemicals, Inc. regarding its proposed takeover of Airgas, Inc. The settlement will require the company to sell certain liquid gas assets if it proceeds with its proposed hostile takeover of Airgas. The proposed settlement agreement […]

Second Circuit Punts on Pay for Delay Settlements

September 8, 2010 at 6:54 pm

On April 29, 2010, a panel of three judges at the Second Circuit Court of Appeals gave hope to the opponents of pay-for-delay settlements, when the Court’s decision invited plaintiffs-appellants of Arkansas Carpenters Health and Welfare Fund v. Bayer AG to petition for an en banc rehearing of the case. […]

Ninth Circuit Limits Labor Exemption of Antitrust Laws

September 2, 2010 at 11:59 am

In the State of California v. Safeway, Inc. (“California v. Safeway”), the United States Court of Appeals for the Ninth Circuit answered the question of whether the non-statutory labor exemption excused a profit-sharing agreement that would ordinarily violate the antitrust laws. The Court found that the exemption did not excuse the agreement, […]