Department of Justice Antitrust Division, Mergers and Acquisitions, Premerger Notification

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The dangers of prematurely exercising operational control over an acquisition target, or at least appearing to operate organizational control, are highlighted by a Department of Justice Antitrust Division action announced yesterday against two particleboard suppliers that recently dropped their planned combination. Just five weeks ago, Flakeboard America Ltd. abandoned its proposed acquisition of rival SierraPine…

International Competition Law, Mergers and Acquisitions

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Two unusual features of the United Kingdom’s merger control regime are that notification is voluntary and there is no ‘suspension’ obligation. This means that mergers can be – and routinely are – completed without notification to and/or approval by the Competition and Markets Authority (“CMA”). In this article, I examine the CMA’s use of its…

Antitrust Exemptions & Immunity, FTC Enforcement

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On October 14, the Supreme Court will hear oral arguments in North Carolina Board of Dental Examiners v. FTC, the latest in its long line of cases interpreting the state action exemption to the antitrust laws.  Dozens of amici have written briefs supporting both parties.  Those briefs reveal significantly different opinions about the costs and…

International Competition Law, Mergers and Acquisitions

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Just over a year ago, I wrote (rather extensively) on the European Commission’s public consultation entitled “Towards more effective EU Merger Control” in which the Commission proposed to (i) expand its powers to review non-controlling minority interests and (ii) streamline the case referral system between the European Commission and NCAs. Our regular readers will note…

FTC Enforcement, Mergers and Acquisitions

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The FTC’s challenge to the now-consummated combination of Phoebe Putney Health System, Inc.—the operator of Phoebe Putney Memorial Hospital—and rival Palmyra Park Hospital, Inc. in Albany, Georgia, is headed back to administrative litigation. More than a year after announcing a tentative settlement in the case, the FTC has refused to grant final approval to the proposed…

Uncategorized

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To continue its growth, the American Antitrust Institute (AAI) is recruiting the next generation of antitrust practitioners. The AAI is seeking the antitrust community’s support of new programs aimed at connecting with this next generation. Antitrust practitioners can help by nominating a young lawyer for Outstanding Antitrust Litigation Achievement by a Young Lawyer. The award will be…

Monopolization

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One firm’s ability to break into the market for “bone mills” used in spinal-fusion surgery did not foreclose the possibility that medical device company Medtronic monopolized or attempted to monopolize the bone mill market, the U.S. Court of Appeals in Denver ruled last week. Bone mill manufacturer Lenox MacLaren Surgical Corporation raised sufficient fact questions,…

Exclusive Dealing, Monopolization, Tying Arrangements

(Bona Law PC)/ /1 Comment

Bundled discounts are common marketing schemes that normally benefit consumers and competition; however, courts and commentators have found certain circumstances when they might be illegal monopolization.  The line between hard competition and exclusionary conduct has confounded antitrust counselors and their pricing clients for years, but, it seemed like only companies with monopoly power need be…

compliance programs, U.S. Department of Justice, Uncategorized

(Compliance Strategists)/ /1 Comment

As the U.S. Sentencing Commission considers reforms of the guidelines for antitrust crimes, it should take action to affirm the importance of antitrust compliance programs as an essential tool in the fight against cartels, and to provide a balance against the Antitrust Division’s past approach of refusing to consider compliance programs in any case for…