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Consumer Groups Win As FCC Finds Itself Bound In Sequel To Prometheus

Posted  07/25/11
In a major victory for consumer groups and a substantial blow to deregulation proponents, the U.S. Court of Appeals for the Third Circuit has reined in the Federal Communications Commission (“FCC”) and struck down its revised rules designed to deregulate media ownership. The Third Circuit’s second major decision in Prometheus Radio Project v. Federal Communications Commission (“Prometheus II”) rejects...

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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Feds Simplify Premerger Notification Form

Posted  07/22/11
As part of an effort to streamline their regulatory review of mergers, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) have made “substantive and ministerial” revisions to the form required for proposed mergers under the Hart-Scott-Rodino Act. The Hart-Scott-Rodino Act requires companies to seek prior approval for acquisitions exceeding $65 million.  The DOJ and FTC say the...

Tagged in: Antitrust Enforcement,

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Yanks And Europeans Open Antitrust Probes Of TRW And Autoliv

Posted  07/21/11
Two major players in the automotive manufacturing industry, Sweden’s Autoliv and Michigan’s TRW, are under investigation by the antitrust divisions of both the U.S. Department of Justice (“DOJ”) and the European Commission ("EU"). Both companies are multi-billion dollar corporations that supply safety systems, such as seatbelts, airbags and steering wheels, to automakers.  Autoliv and TRW each operate on a...

Tagged in: Antitrust Enforcement, International Competition Issues,

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FTC and DOJ Set to Ink Landmark Agreement with Chinese Counterparts

Posted  07/8/11
The U.S. Federal Trade Commission (“FTC”) and Department of Justice (“DOJ”) plan to sign a memorandum of understanding with China’s three antitrust enforcement agencies, signaling the first formal pact of cooperation between U.S. and Chinese regulators. This deal comes on the heels of China’s sweeping antitrust reform, a policy it developed with advice from foreign agencies like the FTC.  The growing...

Tagged in: Antitrust Enforcement, Antitrust Policy, International Competition Issues,

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Feds Update Merger Remedies Handbook

Posted  07/1/11
The Antitrust Division of the U.S. Department of Justice has updated its Policy Guide to Merger Remedies. In a press release, the Antitrust Division stated that the updated Policy Guide takes into account new merger dynamics that have surfaced since the issuance of the original guide in 2004, particularly the rise of transnational mergers and complex vertical transactions. The Antitrust Division uses the policy...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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U.S. v. Microsoft Was A Decade-Long Education On Antitrust In The New Economy

Posted  06/29/11
The end of the decade-long federal court supervision of Microsoft’s licensing practices last month provides an opportunity to reflect on the impact that case has had.  A lasting legacy of the U.S. v. Microsoft case is that monopolists in dynamic and rapidly changing high-tech industries do not receive special treatment under the Sherman Act.  There is no presumption that high market shares will be counteracted by...

Tagged in: Antitrust Enforcement, Antitrust Litigation, Monopolization,

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Microsoft Clears Regulatory Hurdle For Skype Acquisition

Posted  06/27/11
The Federal Trade Commission (“FTC”) has approved Microsoft’s $8.5 billion purchase of Internet telephone giant Skype. Opponents of the deal have pointed to several aspects of Microsoft’s purchase of Skype that they claimed would negatively impact competition.  They expressed concern about greater horizontal integration because Microsoft already offers a similar service through its Windows Live product. ...

Tagged in: Antitrust Enforcement,

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Feds Eyeing Bids In Historic High-Tech Auction

Posted  06/22/11
Antitrust concerns are causing the U.S. Department of Justice to eye an unprecedented auction of a mother lode of digital-communication technology warily. Bankrupt telecom equipment maker Nortel Networks plans to auction off a treasure trove of more than 6,000 high-tech patents next week.  The patents cover vital parts of the new 4G LTE wireless protocol, wireless video, Wi-Fi, and many other wired and wireless...

Tagged in: Antitrust Enforcement, Intellectual Property Law and Antitrust,

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Feds Open Antitrust Inquiry Of Airlines And Ticket Distributers

Posted  06/20/11
The Antitrust Division of the U.S. Department of Justice is investigating whether third-party sellers of airline tickets have violated antitrust law The federal investigation opens a new front in the legal battles involving several U.S. airlines and the companies that aggregate and distribute flight and booking – the practices known as global distribution systems (“GDSs”).  GDSs serve as intermediaries...

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Feds Seek To Revive Competition Among Point-Of-Sale Terminal Manufacturers

Posted  05/31/11
The United States Department of Justice (“DOJ”) is seeking to revive competition in the market for point-of-sale terminals by blocking VeriFone Systems Inc.’s proposed $485 million acquisition of Hypercom Corp. Both companies operate in the electronic payments industry, and the DOJ claims that the deal would harm competition in the market for point-of-sale terminals in the United States. The DOJ has

Tagged in: Antitrust Enforcement, Antitrust Litigation,

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