DOJ Antitrust Highlights :: Antitrust Lawyer Blog
October 21, 2011

DOJ Settles With Grupo Bimbo on Sara Lee Acquisition

On October 21, 2011, the DOJ Antitrust Division (“DOJ”) filed a civil lawsuit in U.S. District Court in Washington, D.C. to prevent Grupo Bimbo S.A.B. de C.V. and BBU Inc. (collectively, “BBU”) from acquiring Sara Lee Corporation’s (“Sara Lee”) North American Fresh Bakery business. The DOJ simultaneously filed a Proposed Final Judgment, reflecting a settlement with BBU and Sara Lee upon which they agreed to divestitures of certain sliced bread brands and associated assets in select areas where the two companies compete head-to-head in order to proceed with the acquisition. Such divestitures would resolve competitive concerns alleged in the suit.

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June 2, 2011

Accountable Care Organizations: Dilemma or Opportunity

The Affordable Care Act of 2010 encourages health care providers to form integrated organizations to jointly offer services in order to reduce costs and improve the quality of health care in the United States. Section 3022 of the Act provides for the formation of Accountable Care Organizations (“ACOs”) to serve fee-for-service Medicare beneficiaries through Medicare’s Shared Savings Program (“SSP”). ACOs must sign up with the Department of Health and Human Services’ Centers for Medicare and Medicaid Services (“CMS”) to participate in the program for at least three years.

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May 24, 2011

DOJ Files Antitrust Lawsuit to Stop H&R Block From Buying TaxAct

On May 23, 2011, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit to block H&R Block Inc.’s (“H&R”) proposed acquisition of TaxAct, a digital do-it-yourself tax preparation software provider. The DOJ’s Antitrust Division filed its lawsuit in U.S. District Court in Washington, D.C., to prevent H&R Block from acquiring 2SS Holdings Inc., an entity within TA IX L.P. and the maker of TaxACT. The DOJ’s complaint details H&R’s motive to eliminate competition.

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May 20, 2011

VeriFone and Hypercom Abandon Planned Divestiture of Hypercom’s U.S. Assets When Faced With DOJ’s Lawsuit

On May 20, 2011, the DOJ announced that VeriFone Systems Inc.(“VeriFone”), Hypercom Corp. (“Hypercom”), and Ingenico S.A. (“Ingenico”) abandoned plans for Hypercom to divest its U.S. point-of-sale (“POS”) business to Ingenico as the Department of Justice (“DOJ”) did not find the divestiture adequate to resolve the competitive concerns raised by the VeriFone/Hypercom transaction.

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May 10, 2011

DOJ Challenges George’s Inc.’s Consummated Acquisition of Tyson Foods Inc.’s Harrisonburg Poultry Processing Complex

On May 10, 2011, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit challenging George’s Inc.’s (“George’s”) acquisition of Tyson Foods’ (“Tyson”) chicken processing complex in Harrisonburg, VA. This is a challenge to a consummated $3 million acquisition in a very limited geographic market in Virginia.

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May 6, 2011

DOJ Settles With Unilever on Alberto Culver Acquisition

On May 6, 2011, Unilever NV ("Unilever”) and the U.S. Department of Justice (“DOJ”) reached an agreement to settle antitrust concerns over its $3.7 billion acquisition of hair care company Alberto-Culver Co. (“Alberto”). The DOJ’s Antitrust Division filed a civil antitrust lawsuit in U.S. District Court in Washington, D.C. to block the proposed transaction between the parties of the acquisition along with a proposed consent decree that would resolve the competitive concerns alleged in the lawsuit.

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April 8, 2011

DOJ Conditions Google’s Acquisition of ITA Software by Requiring Google to Develop and License Travel Software

On April 8, 2011, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit in U.S. District Court in Washington, D.C., to block the proposed acquisition of ITA Software Inc. (“ITA”) by Google Inc. (“Google”). At the same time, the DOJ filed a proposed consent decree to resolve the DOJ’s antitrust concerns. The settlement requires Google to develop and license travel software currently owned by ITA, to establish internal firewall procedures and to continue software research and development pursued by ITA. Google will also be required to provide mandatory arbitration under certain circumstances and provide a mechanism for complaints if Google acts in an unfair manner.

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April 8, 2011

DOJ Obtains Divesture in Stericycle Inc.’s Acquisition of Healthcare Waste Solutions

On April 8, 2011, Stericycle Inc. (“Stericycle”) entered into a settlement agreement with Department of Justice (“DOJ”) allowing it to proceed with its acquisition of Healthcare Waste Solutions Inc. (“HWS”). The DOJ along with the attorney general of the state of New York filed an antitrust lawsuit to block the transaction and simultaneously filed a proposed settlement to resolve antitrust concerns raised by the transaction.

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March 29, 2011

DOJ Reaches Settlement with Dean Foods

On March 29, 2011, Department of Justice (“DOJ”) reached a settlement with Dean Foods Company (“Dean”) that requires Dean to divest a significant milk processing plant in Waukesha, Wis., and related assets that it acquired from the Foremost Farms USA Cooperative, including the Golden Guernsey brand name. The DOJ’s Antitrust Division and state attorneys general from Illinois, Michigan and Wisconsin, filed a proposed consent decree in U.S. District Court for the Eastern District of Wisconsin in Milwaukee. The settlement agreement resolves the antitrust concerns alleged in the civil antitrust lawsuit originally filed by the DOJ and the state attorneys general on Jan. 22, 2010.

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February 24, 2011

District Court Orders Disgorgement In Sherman Act Case

Judge William H. Pauley III of the United States District Court for the Southern District of New York entered final judgment in a review of a consent order under the Tunney Act and ruled that disgorgement was a proper remedy in a Sherman Act case involving manipulation of electricity rates in New York City.

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February 11, 2011

L.B. Foster Must Sell Plant to Buy Portec Rail Products

On December 14, 2010, the U.S. Department of Justice announced a settlement with Pittsburgh-based L.B. Foster Co. to divest a West Virginia plant used in development, manufacture and sale of certain railroad joints to Koppers Inc., a wholly owned subsidiary of Koppers Holdings Inc., in order to proceed with Foster’s acquisition of Portec Rail Products Inc. DOJ said the acquisition as originally proposed would combine the two primary U.S. manufacturers of bonded insulated rail joints and two of only three U.S. manufacturers of polyurethane-coated insulated rail joints. Divestiture of the West Virginia plant will preserve competition. Without the divestiture, the acquisition would lead to higher prices, lower quality, less customer service and less innovation.

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November 17, 2010

DOJ Disfavors MFNs

On October 18, 2010, the U.S. Department of Justice (“DOJ”) and the Michigan Attorney General challenged Blue Cross Blue Shield (“BCBS”) of Michigan in a civil antitrust action. The complaint alleges that “most-favored nation” (“MFN”) clauses in BCBS contracts with Michigan hospitals raises health-care costs for Michigan residents and employers and excludes other insurers from the Michigan health-care market. United States v. Blue Cross Blue Shield of Michigan, No. 2:10-cv-14155-DPH-MKM (Mich. E. Dist. Oct. 18, 2010).

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October 5, 2010

Antitrust Division Settles With Visa and MasterCard But Continues Lawsuit Against American Express

On October 4, 2010, the Antitrust Division announced that it along with the states of Connecticut, Iowa, Maryland, Michigan, Missouri, Ohio, and Texas filed a civil antitrust lawsuit in U.S. District Court for the Eastern District of New York challenging rules that American Express, Master Card, and Visa have in place that prevent merchants from offering consumers discounts, rewards and information about card costs, ultimately resulting in consumers paying more for their purchases.

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August 19, 2010

FTC and DOJ Issue Merger Guidelines

On August 19, 2010, the FTC and the DOJ issued the 2010 Horizontal Merger Guidelines, which are available on the FTC’s website at http://www.ftc.gov/os/2010/08/100819hmg.pdf. The five-step analytical process outlined in the 1992 Horizontal Merger Guidelines—market definition, competitive effects, entry, efficiencies, and failing firm defense—has been replaced with a more flexible approach to competitive effects analysis. That being said, each individual element still continues to play a role in the revised merger review process.

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April 27, 2010

DOJ Reaches Settlement With Baker Hughes

On April 27, the DOJ announced that it reached a settlement that will require Baker Hughes Inc. and BJ Services Company to divest two specially equipped vessels and other assets in order to proceed with their proposed merger.

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March 29, 2010

DOJ Decides Not to Challenge Cisco's Acquisition of Tandberg

On March 29, the DOJ announced that it will not challenge Cisco Systems Inc.'s acquisition of Tandberg ASA. The EU also cleared the transaction, however, it required conditions for its approval.

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March 8, 2010

BLUE CROSS ABANDONS MERGER PLANS AFTER DOJ THREATENS LAWSUIT

On March 8, 2010, Blue Cross Blue Shield of Michigan's (Blue Cross-Michigan) subsidiary, Blue Care Networks of Michigan, abandoned its attempt to purchase Physicians Health Plan of Mid-Michigan (PHP) after the Department of Justice and the Michigan Attorney General informed the companies that they would file an antitrust lawsuit to block the acquisition.

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February 22, 2010

DOJ SEEKS DISGORGEMENT OF PROFITS IN SETTLEMENT WITH KEYSPAN REGARDING ANTICOMPETITIVE AGREEMENT

On February 22, 2010, the DOJ entered into a settlement with KeySpan Corporation that requires KeySpan to pay $12 million for violating the antitrust laws by entering into an agreement restraining competition in the New York City electricity capacity market. The DOJ alleged that the financial derivative agreement likely resulted in a price increase for retail electricity suppliers and, in turn, an increase in electricity prices for consumers.

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January 25, 2010

DOJ ALLOWS TICKETMASTER TO BUY LIVE NATION

On January 25, 2010, the Department of Justice entered into a settlement agreement with Ticketmaster Entertainment Inc. that allowed it to complete its acquisition of Live Nation, Inc. The settlement agreement required Ticketmaster to license its ticketing software, divest ticketing assets and subject itself to anti-retaliation provisions in order to proceed with its proposed merger with Live Nation. The proposed settlement is designed to protect competition for primary ticketing, which will in turn maintain incentives for innovation and discounting.

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January 20, 2010

DOJ SETTLES LAWSUIT AGAINST CHARLESTON WV NEWSPAPER DEAL

On January 20, the Department of Justice reached a settlement with the Daily Gazette Company and MediaNews Group Inc. (now known as Affiliated Media Inc.), that requires the companies to restructure their newspaper joint operating arrangement (JOA) and take other steps to remedy the anticompetitive effects of the 2004 transaction, which was originally challenged by the DOJin May 2007.

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January 14, 2010

DOJ INVESTIGATING MONSANTO

On January 14, the DOJ announced that it has opened a formal antitrust investigation of the soybean seed industry.

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December 16, 2009

DOJ CLEARS CISCO'S ACQUISITION OF STARENT

On December 16, 2009, Cisco announced that the DOJ terminated the mandatory waiting period under the Hart-Scott-Rodino Antitrust Improvement Act of 1976, as amended, with respect to Cisco's pending acquisition of Starent Networks.

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October 14, 2009

FTC SETTLES WITH PFIZER REGARDING ITS ACQUISITION OF WYETH

On October 14, 2009, the Federal Trade Commission (“FTC”) settled with Pfizer Inc. regarding its proposed $68 billion acquisition of Wyeth.

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October 13, 2009

ICE PACKAGING COMPANY AND ITS EXECUTIVES PLEAD GUILTY TO CUSTOMER ALLOCATION CONSPIRACY

On October 13, 2009, Arctic Glacier International (“AGI”) and three of its former executives, Frank Larson (former senior VP of operations), Keith Corbin (former VP of sales), and Gary Cooley (former VP of sales and marketing), pled guilty for their role in a conspiracy to allocate customers of packaged-ice in the Detroit metropolitan area and southeastern Michigan. The company agreed to pay a criminal fine of $9 million.

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September 30, 2009

DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE

On September 8, 2009, the Department of Justice announced that it would not challenge the formation of a Reliance Network, a joint venture between seven regional less-than-truckload (“LTL”) freight transportation companies, based on the representations made by the applicants.

Continue reading "DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE" »

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September 22, 2009

U.S. ANTITRUST AGENCIES TO EXPLORE CHANGES TO HORIZONTAL MERGER GUIDELINES

On September 22, the Department of Justice ("DOJ") and the Federal Trade Commission ("FTC") announced that they will solicit public comment and hold joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquisitions.

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September 18, 2009

DOJ PRESENTS CONCERNS TO COURT REGARDING GOOGLE'S BOOK SETTLEMENT

On September 18, the DOJ presented its a statement of its views regarding the proposed class action settlement between the American Association of Publishers and Google. As the parties continue to modify the settlement agreement, the DOJ issued a statement of interest to the court to provide the court with the Antitrust Division's concerns relating to a potential settlement.

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September 8, 2009

DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE

On September 8, 2009, the Department of Justice announced that it would not challenge the formation of a Reliance Network, a joint venture between seven regional less-than-truckload (“LTL”) freight transportation companies, based on the representations made by the applicants.

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September 4, 2009

DOJ CLOSES INVESTIGATION OF FIDELITY's ACQUISITION OF METAVANTE

On September 3, the companies announced that they received clearance from the Department of Justice to complete their proposed merger without conditions.

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August 25, 2009

EPSON PLEADS GUILTY TO AND PAYS $26 MILLION FINE FOR ITS ROLE IN GLOBAL LCD PRICE-FIXING CONSPIRACY

On August 25, 2009, Epson Imaging Devices Corporation (“Epson”), a Japanese electronics manufacturer, pled guilty for its role in a conspiracy to fix prices in the sale of Thin Film Transistor-Liquid Crystal Display (“TFT-LDC”) panels and agreed to pay a fine of $26 million.

TFT-LCD panels are used in computer monitors, notebooks, televisions, mobile phones, and other electronic devices. Worldwide sales in 2006 were $70 billion.

Specifically, Epson’s subsidiary Seiko Epson Corporation participated in a conspiracy to fix prices of TFT-LCD panels sold to Motorola for use in Motorola Razr mobile phones from the fall of 2005 to the middle of 2006.

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August 21, 2009

DOJ SETTLES WITH MICROSEMI TO RESTORE COMPETITION IN SEMICONDUCTOR DEVICES USED IN MILITARY AND SPACE APPLICATIONS

On August 20, 2009, the DOJ announced that it reached a proposed settlement with Microsemi Corporation requiring the company to divest all of the assets that it acquired from Semicoa Inc. on July 14, 2008. The DOJ investigated the consummated acquisition and filed a civil antitrust suit to force Microsemi to divest the Semicoa assets to restore competition on December 18, 2008. Without this settlement agreement to divest, there would be little or no competition in the development, manufacture and sale of certain semiconductor devices used in military and space programs essential to the security of the United States.

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August 20, 2009

DOJ ENDS INVESTIGATION OF ORACLE'S PURCHASE OF SUN

On August 20, 2009, Oracle announced that the DOJ closed its investigation of Oracle's acquisition of Sun. The DOJ issued a second request to further investigate the transaction in late June. The DOJ ended its investigation approximatley two months after issuing the second request without requiring any remedy.

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August 19, 2009

FORMER EXECUTIVE INDICTED IN GLOBAL COLOR DISPLAY TUBE PRICE-FIXING CONSPIRACY

On August 19, 2009, Wen Jun (“Tony”) Cheng, a former assistant vice president of sales and marketing at a large Taiwanese color display tube (CDT) manufacturing company, was indicted at U.S. District Court in San Francisco for his role in a global conspiracy to fix prices of CDTs. CDTs are a type of cathode ray tube used in computer monitors and other specialized applications

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August 6, 2009

DOJ AND USDA TO HOLD PUBLIC WORKSHOPS TO EXPLORE COMPETITION ISSUES IN THE AGRICULTURE INDUSTRY

On August 5, 2009, Attorney General Eric Holder and Agriculture Secretary Tom Vilsack announced that the Department of Justice and the U.S. Department of Agriculture ("USDA") will hold joint public workshops to explore competition issues affecting the agriculture industry and the appropriate role for antitrust enforcement in agriculture. These are the first joint DOJ/USDA workshops ever to be held to discuss competition and regulatory issues in the agriculture industry.

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July 30, 2009

DOJ REQUIRES DIVESTITURE IN SAPA'S ACQUISITION OF INDALEX

On July 30, 2009, the DOJ announced that it reached a settlement that will require Sapa Holding AB and Indalex Holdings Finance Inc. to divest a North Carolina aluminum sheathing facility in order to proceed with Sapa's proposed $150 million acquisition of Indalex. According to the complaint, the transaction would substantially lessen competition for the manufacture and sale of aluminum sheathing (coiled extruded aluminum tubing) used in the manufacture of high frequency coaxial cable in the United States, resulting in increased prices and reduced quality, service and innovation, had the parties not agreed to the divestiture.

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July 6, 2009

DOJ REPORTEDLY REVIEWING TELECOMMUNICATIONS INDUSTRY

On July 6, a number of news sources reported that the DOJ has begun looking into whether large U.S. telecommunications companies such as AT&T Inc. and Verizon Communications Inc. are abusing their market power they have amassed in recent years.

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June 23, 2009

MEDIA EXECUTIVE PAYS $1.4 MILLION FOR VIOLATING PREMERGER NOTIFICATION REQUIREMENTS

On June 23, 2009, John C. Malone, the chairman of the board of Liberty Media Corporation and the chief executive officer of Discovery Holding Co. (“Discovery”), agreed to pay a penalty of $1.4 million for violating premerger reporting and waiting requirements of the Hart-Scott-Rodino (“HSR”) Act of 1976 when acquiring Discovery.

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May 21, 2009

HSR RULES MUST BE TAKEN SERIOUSLY

On May 3,2004, the Department of Justice's ("DOJ") Antitrust Division, at the request of the Federal Trade Commission ("FTC"), filed two civil suits against alleged violators of pre-merger notification filing requirements under the Hart-Scott-Rodino ("HSR") Act of 1976. The HSR Act imposes notification and waiting period requirements on individuals and companies over a certain size before they can consummate acquisitions of stock or assets valued at more than $50 million. The purpose of the HSR Act is to provide federal antitrust enforcement agencies an opportunity to investigate proposed transactions and determine whether the transactions would violate the antitrust laws. If the reviewing agency determines that a transaction violates the antitrust laws, it may seek to block that transaction before the waiting period expires. Therefore, the antitrust agencies take HSR violations very seriously, even ones where no competition overlaps exist. Indeed, a party is subject to a maximum civil penalty of $11,000 a day for each day it is in violation of the HSR Act.

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May 11, 2009

ANTITRUST DIVISION WILL TAKE A MORE AGGRESSIVE APPROACH TO EXCLUSIONARY CONDUCT

On May 11, 2009, Christine A. Varney, Assistant Attorney General in charge of the Department's Antitrust Division, delivered her first speech at an event sponsored by the Center for American Progress. The speech, entitled "Vigorous Antitrust Enforcement in this Challenging Era," confirms that the new administration intends be much more active role than the Bush administration in terms of antitrust enforcement. Her speech primarily focused on the Department's approach to enforcing Section 2 of the Sherman Act, which prohibits monopolization or attempts to monopolize.

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May 4, 2009

DOJ SETTLES WITH CONSOLIDATED MULTIPLE LISTING SERVICE, INC.

On May 4, 2009, the Department of Justice (“DOJ”) reached a settlement with Consolidated Multiple Listing Service, Inc. (“CMLS”) that requires CMLS to change its rules to allow for increased competition between low-priced, innovative real estate brokers compete with traditional real estate brokers in the Columbia, South Carolina market.

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April 27, 2009

LCD PRICE-FIXING CONSPIRACY

On April 27, 2009, Bock Kwon, a high level executive at LG Display Co. Ltd. (“LG”) pled guilty, agreed to serve one year in prison in the United States and pay a criminal fine of $30,000 for his role in a conspiracy to suppress and eliminate competition in the Thin Film Transistor-Liquid Crystal Display (TFT-LCD) industry by fixing prices of TFT-LCD panels.

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April 22, 2009

DOJ’S ANTITRUST DIVISION ANNOUNCE NEW LEADERSHIP TEAM

On April 22, 2009, the Department of Justice’s Antitrust Division announced its leadership team. The new team includes the Chief of Staff, four Deputy Assistant Attorneys General, a Special Counsel for Competition Policy. Two Deputy Assistant Attorney Generals will oversee civil matters, one Deputy Assistant Attorney General will oversee economic analysis and one Deputy Assistant Attorney General will oversee international, policy and appellate issues.

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April 21, 2009

ILLINOIS REFUSE CONTAINER REPAIR COMPANY EXECUTIVES INDICTED

On April 21, 2009, Douglas E. Ritter, president of a refuse disposal container repair company, and Stephen Fenzl, vice-president of the same company, were charged with conspiracy to commit mail and wire fraud, two counts of mail fraud and one count of wire fraud.

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April 20, 2009

ASSISTANT ATTORNEY GENERAL CHRISTINE A. VARNEY WILL LEAD DOJ’S ANTITRUST DIVISION

On April 20, 2009, the U.S. Senate approved the appointment of Christine A. Varney as Assistant Attorney Generals. Ms. Varney will lead the Department of Justice’s Antitrust Division.

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April 9, 2009

AIRLINES PLEAD GUILTY FOR THEIR ROLE IN WORLDWIDE CONSPIRACY TO FIX AIR CARGO PRICES

On April 9, 2009, Cargolux Airlines International, Nippon Cargo Airlines, and Asiana Airlines, pled guilty and agreed to pay criminal fines totaling $214 million for their role in worldwide conspiracy to fix to fix prices in the air cargo industry.

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April 8, 2009

CONTRACTOR PLEADS GUILTY TO MISLEADING LAW ENFORCEMENT OFFICIALS IN ONGOING ANTITRUST INVESTIGATION

On April 8, 2009, Stephen E. McAnulty, a former owner of an asbestos monitoring contractor that provided services to New York Presbyterian Hospital (“NYPH”), pled guilty to making false statements to agents and representatives of the Federal Bureau of Investigation and Department of Justice’s Antitrust Division.

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April 2, 2009

TWO INDIVIDUALS CONVICTED FOR CONSPIRING TO COMMIT BRIBERY

On April 2, 2009, Durwanda Elizabeth Morgan Heinrich, a dirt, sand, and gravel subcontractor, and Kern Carver Bernard Wilson, a former contract employee of the U.S. Army Corps of Engineers were convicted on charges of conspiring to commit bribery. Additionally, Heinrich was found guilty of two counts of offering a bribe to a public official and Wilson was found guilty of one count of demanding and agreeing to accept a bribe as a public official.

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April 2, 2009

FORMER HOME DEPOT EMPLOYEES SENTENCED FOR THEIR ROLE IN CONSPIRACY TO DEFRAUD HOME DEPOT

On April 2, 2009, Ronald K. Johnston and James P. Robinson, two former employees of Home Depot, were sentenced to federal prison and were ordered pay restitution fees for their role in a conspiracies to commit wire and tax fraud against its former employer.

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April 2, 2009

KICKBACK SCHEME TO DEFRAUD NEW YORK CITY HOSPITAL

On April 2, 2009, Krzysztof Koczon, a resident of Connecticut, pled guilty for his role in a conspiracy to defraud the Internal Revenue Service (“IRS”).

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March 31, 2009

HITACHI EXECUTIVE CHARGED FOR PARTICIPATING IN ONGOING PRICE FIXING CONSPIRACY IN TFT-LCD INDUSTRY

On March 31, 2009, Sakae Someya, an executive at Hitachi Displays, Ltd. (“Hitachi”) was charged for participating in a conspiracy to suppress and eliminate competition in the Thin Film Transistor-Liquid Crystal Display (“TFT-LCD”) industry by fixing prices of TFT-LCD panels sold to Dell, Inc (“Dell”) for its use in notebook and desktop computers.

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March 25, 2009

MULTI-MILLION DOLLAR KICKBACK SCHEME DEFRAUDS NEW YORK CITY HOSPITAL

On March 25, 2009, Mariusz Debowski, a resident of Connecticut who was involved in the operations of three businesses in Brooklyn, NY, pled guilty to for his role in a conspiracy to defraud the Internal Revenue Service (“IRS”).

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March 19, 2009

MONEY LAUNDERING SCHEME AT KUWAIT AIR BASE

On March 19, 2009, Carolyn Blake, sister of U.S. Army officer John Cockerham, pled guilty for her participation in a money-laundering scheme and accepting more than $3 million in bribes on behalf of her brother.

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March 10, 2009

HITACHI PLEADS GUILTY TO ITS ROLE IN GLOBAL PRICE FIXING CONSPIRACY TO SELL LCD PANELS

On March 10, 2009, Hitachi Displays, Ltd (“Hitachi”), a subsidiary of Hitachi Ltd (a Japanese electronics manufacturer), pled guilty and agreed to pay a fine of $31 million for its role in a conspiracy to fix the prices of Thin Film Transistor-Liquid Crystal Display panels (“TFT-LCD”) sold to Dell Inc. (“Dell”).

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February 26, 2009

FEDERAL CREOSOTE EMPLOYEE PLEADS GUILTY TO DEFRAUDING EPA AT SUPERFUND SITE

On February 26, 2009, Christopher Tranchina, an employee of a company temporarily responsible for electrical utilities at the U.S. Environmental Protection Agency (“EPA”) designated Superfund site, Federal Creosote in Manville, NJ, pled guilty to defrauding the EPA at that site.

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February 20, 2009

JBS AND NATIONAL BEEF ABANDON DEAL

On February 20, 2009, JBS and National Beef announced the abandonment of the JBS/National Beef transaction. The Antitrust Division filed an antitrust lawsuit in the U.S. District Court in Chicago to block the proposed acquisition, alleging that the deal would result in lower prices paid to cattle suppliers and higher beef prices for consumers. At that time, Attorneys General of Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas and Wyoming joined the Department's lawsuit. On Nov. 7, 2008, the states of Arizona, Connecticut, New Mexico and Mississippi joined the lawsuit as well.

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January 30, 2009

DOJ IMPOSES LONGEST JAIL SENTENCE FOR A SINGLE ANTITRUST CHARGE ON FORMER SHIPPING EXECUTIVE

On January 30, 2009, Peter Baci, a former executive at a freight service company, was sentenced to 48 months in jail and agreed to pay a criminal fine of $20,000. This sentence marks the longest jail sentence ever imposed for a single antitrust charge.

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January 15, 2009

FORMER EXECUTIVES AT TFT-LCD PANEL MAKERS CHARGED IN GLOBAL CONSPIRACY TO FIX PRICES

On January 15, 2009, Chang Suk (“C.S.”) Chung, former Vice President of Monitor Sales for LG Display Co. Ltd. (“LG”), Chieng-Hon Lin (“Frank”), former Chairman and Chief Executive Officer for Chunghwa Picture Tubes Ltd. (“Chunghwa”), Chih-Chun Liu (“C.C.”), former Vice President of LCD Sales for Chunghwa, and Hseuh-Lung Lee (“Brian”), former executive of Chunghwa, all pled guilty to their roles in a global conspiracy to fix prices in the sale of Thin Film Transistor-Liquid Crystal Display (“TFT-LCD”) panels. They also agreed to serve jail time and pay criminal fines.

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January 14, 2009

AT&T AGREES TO PAY $2 MILLION TO SETTLE WITH DOJ

On January 14, 2009, AT&T Inc. (“AT&T”) entered into a civil settlement worth $2 million with the Department of Justice (“DOJ”) to settle charges that AT&T was in contempt of a March 2008 consent decree AT&T entered into during its acquisition of Dobson Communications Corporation (“Dobson”).

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January 14, 2009

AT&T AGREES TO PAY $2 MILLION TO SETTLE WITH DOJ

On January 14, 2009, AT&T Inc. (“AT&T”) entered into a civil settlement worth $2 million with the Department of Justice (“DOJ”) to settle charges that AT&T was in contempt of a March 2008 consent decree AT&T entered into during its acquisition of Dobson Communications Corporation (“Dobson”).

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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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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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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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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.

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November 19, 2008

ASSISTANT ATTORNEY GENERAL THOMAS, BARNETT OF THE DEPARTMENT OF JUSTICE’S ANTITRUST DIVISION RESIGNS

On November 19, 2008, Assistant Attorney General Thomas, Barnett of the Department of Justice’s Antitrust Division resigned.

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November 14, 2008

DOJ REQUIRES DIVESTITURE IN INBEV’S $52 BILLION ACQUISITION OF ANHEUSER-BUSCH

On November 14, 2008, the Department of Justice (“DOJ”) required Inbev N.V./S.A. (“Inbev”) to divest its subsidiary Labatt USA (“Labatt”) in order for Inbev’s $52 billion acquisition of Anheuser-Busch Companies Inc (“Anheuser-Busch”) to proceed. Along with the divestiture, Inbev must sell its license to brew, market, promote, and sell the Labatt brand of beer for consumption in the United States to a DOJ-approved purchaser.

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November 14, 2008

DOJ Allows InBev to Acquire Anheuser Busch

On November 14, the DOJ allowed InBev N.V./S.A. (“InBev”) to acquire Anheuser-Busch Companies, Inc. (“Anheuser-Busch”) on the condition that InBev divest Labatt USA.

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November 12, 2008

THREE ELECTRONIC COMPANIES PLEAD GUILTY TO ROLE IN LCD PANEL PRICE FIXING CONSPIRACY

On November 12, 2008, LG Display Co. Ltd. (“LG”), Sharp Corp. (“Sharp”), and Chunghwa Picture Tubes Ltd. (“Chunghwa”) pled guilty for their role in a conspiracy to fix prices for liquid crystal display (“LCD”) panels and agreed to pay criminal fines totaling $585 million.

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