The federal district court in Washington, D.C. yesterday released its Memorandum Opinion explaining its October 31 order enjoining H&R Block, Inc.’s proposed acquisition of 2SS Holdings, Inc.—the maker of “TaxACT” tax preparation software. The court took a traditional approach in reviewing the merger and concluded that the transaction, which would have combined the second and…
While Attorney General Eric Holder spent much of his time at today’s Senate Judiciary Committee Department of Justice Oversight hearing responding to question’s about the “Fast and Furious” law enforcement operation, he also was asked to provide his thoughts on some recent developments at the Antitrust Division. Senator Herb Kohl (D-WI), chairman of the Senate…
Today, several federal agencies, including the federal antitrust agencies, issued rules and guidance for assisting health care providers in the formation of new accountable care organizations (ACOs). An ACO is a group of health care providers or suppliers or a network of groups—often affiliated with a hospital—collaboratively manage and coordinate care for Medicare beneficiaries. Under…
It is beginning to look like the U.S. Supreme Court will not be taking up any antitrust cases in the current term. Last week, the Court denied six petitions for review in antitrust-related matters. Just yesterday, the Court denied a petition for review in a Federal Trade Commission antitrust enforcement action. There have been far…
The Attorneys General of California, Illinois, Massachusetts, New York, Ohio, Pennsylvania, and Washington have signed on to the U.S. Justice Department’s complaint challenging AT&T, Inc.’s proposed $39 billion acquisition of T-Mobile USA. An amended complaint, adding the seven states, was filed on September 16. On the same day, a proposed scheduling order was also filed in…
As we all know, human beings are imperfect. Even when they are told how to do something, they sometimes just don’t follow instructions. The consequences of not following instructions can run the gamut — from a cake that doesn’t rise when you decide to skip the yeast to a stint in jail when you decide to fix…
The U.S. Department of Justice today moved to block AT&T Corporation’s proposed acquisition of T-Mobile USA Inc. According to the Justice Department, the proposed acquisition would combine two of the four largest providers of mobile wireless telecommunications services. These four national carriers—AT&T, Verizon, Sprint, and T-Mobile—control over 90 percent of the national cell phone market….
Last week, the federal district court in Detroit denied Blue Cross Blue Shield of Michigan’s motion to dismiss a federal/state antitrust action challenging the health insurer’s use of most favored nation (MFN) clauses in its provider agreements with various hospitals. The suit, filed in October 2010, alleges that the MFN clauses unreasonably restrained trade in…
Automated teller machine maker Nautilus Hyosung Holdings Inc. has been charged with obstruction of justice for submitting false documents to the government in its attempt to obtain U.S.antitrust approval of its proposed acquisition of a competing manufacturer of ATM systems in 2008. The altered documents allegedly misrepresented and minimized the competitive impact of Nautilus Hyosung…
As Assistant Attorney General Christine Varney is about to step down as head of the Department of Justice Antitrust Division, her successor has been named. Deputy Assistant Attorney General Sharis Arnold Pozen will become Acting Assistant Attorney General upon Varney’s departure, according to an August 4 Department of Justice announcement. “Sharis is a highly experienced…
