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Antitrust Stock Set To Rise? Governments To Review Massive Stock Market Merger

Posted  02/17/11
The parent company of the New York Stock Exchange, NYSE Euronext, has agreed to merge with Deutsche Boerse, the operator of the Frankfurt stock exchange.  In an all-stock deal worth more than $10 billion, Deutsche Boerse will own a majority 60 percent of the new company, and NYSE Euronext shareholders will own 40 percent.  The merger, if approved, would create the world’s largest financial exchange operator and...

Package Deal By FedEx And UPS?

Posted  02/9/11
According to media reports, the DOJ Antitrust Division is investigating accusations that UPS and FedEx colluded to freeze third-party shipping consultants out of the their shipping businesses.  The reports indicate that Justice has opened an investigation into possible collusion between FedEx and UPS, the two largest companies in the package shipping world. This investigation would come on the heels of a private...

Swiss Giant ABB Engineers Takeover Of Baldor Electric With Avalanche Of Cash

Posted  02/8/11
The Antitrust Division of the U.S. Department of Justice has given the green light to Swiss engineering giant ABB’s multi-billion-dollar acquisition of the American industrial motors firm Baldor Electric Co. This regulatory approval paves the way for ABB’s $4.2 billion, or $63.50 per share, all-cash purchase.  The purchase price was a 41% premium over the November 29, 2010, $45.11 closing price of Baldor...

FTC Revises Filing Thresholds For Antitrust Review

Posted  02/7/11
The FTC has voted unanimously to approve a Federal Register notice announcing revised thresholds for the Hart-Scott-Rodino Antitrust Improvements Act. The Hart-Scott-Rodino Act requires persons contemplating certain large mergers or acquisitions to notify the FTC and the Assistant Attorney General, and to wait a designated period of time before consummating such transactions.  The threshold for reporting proposed...

DOJ Tells Lucasfilm To Turn Away From The Dark Side

Posted  02/3/11
The U.S. Department of Justice’s crusade against anticompetitive employment practices at high-tech companies continues, this time with a settlement with Lucasfilm Ltd. In a complaint filed with the settlement in federal district court in Washington, D.C., the DOJ alleges that Lucasfilm agreed with Walt Disney’s animation studio, Pixar, as far back as 2005, that neither company would solicit each other’s...

Transportation Feds Seek To Unplug Railroad Bottlenecks

Posted  01/19/11
The federal transportation agency that oversees regulation of railroads is looking for ways to unplug bottlenecks that may be blocking competition on U.S. railways. The U.S. Surface Transportation Board (“STB”) has issued a notice that it “will receive comments and hold a public hearing to explore the current state of competition in the railroad industry and possible policy alternatives to facilitate more...

EC Pulls The Plug On LCD Manufacturers’ Price Fixing Conspiracy

Posted  12/22/10
The European Commission has fined five manufacturers of liquid crystal display (“LCD”) panels a total of 649 million euros (approximately US$ 860 million) for participating in a price-fixing conspiracy between October 2001 and February 2006. LCD panels are the main component of the flat screens used in televisions, laptop computers and desktop computer monitors. In a press release, the Commission stated that...

American Antitrust Institute Asks FTC To "Proceed Forcefully" Against CVS Caremark

Posted  12/2/10
As CVS Caremark is learning, even an approved merger does not protect a company from later being accused of anti-competitive behavior as a result of the merger.  As we wrote in an earlier post, the Federal Trade Commission began investigating CVS Caremark Corp., which has been accused of anti-competitive practices, in spite of the fact that the FTC approved its merger several years ago.  The 2007 merger—worth $27...

A Streetcar They Desired

Posted  11/24/10
Zipcar Inc., the worldwide leader in car-sharing with over 500,000 members and 8,000 vehicles, was granted approval in its bid to acquire Streetcar Limited, a leading car-sharing company in the UK.  The Competition Commission, the UK’s independent public body responsible for investigating mergers, found it unlikely that the merger would lead to a decrease in competition, thereby permitting the acquisition to...

Recent Case Highlights Issues In Public Antitrust Investigations

Posted  11/22/10
Of all the substantive areas of American law, antitrust is perhaps the one that most aggressively reaches foreign conduct.  Ever since the Second Circuit’s 1945 Alcoa opinion (United States v. Aluminum Co. of America, 148 F.2d 416), courts and Congress have recognized that foreign conduct, when it affects U.S. commerce, can violate U.S. antitrust laws.  Thus U.S. antitrust regulators sometimes seek evidence of...
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