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No Small Beer Here – Appeals Court Confirms Massive Brewing Companies’ Merger

Posted  11/19/10
Beer giants Anheuser-Busch Companies, Inc. and InBev, NV/SA didn’t exactly meet at a bar, but they can go ahead and merge.  The Eighth Circuit, affirming a lower court’s decision, on October 27 held that there’s no reason to roll back the consummated merger under Sections 7 and 16 of the Clayton Act. Until their merger in 2008, each company was already huge:  Belgium-based InBev was the largest brewer in...

Inpatient Psychiatric Service Providers Can Put Their Minds At Rest As They Settle With FTC To Complete $3 Billion Acquisition

Posted  11/18/10
On November 15, 2010, the Federal Trade Commission announced a settlement of its claims that the proposed acquisition of Psychiatric Solutions Inc. by Universal Health Services Inc. would violate antitrust laws by combining the two largest providers of acute inpatient psychiatric services in three geographic markets (Delaware, Puerto Rico, and Las Vegas), decreasing competition for such services (click here to view...

EU: Deodorant Merger Passes The Smell Test

Posted  11/17/10
Today, the European Commission conditionally cleared a $1.76 billion (1.2 billion euro) acquisition by Unilever, an Anglo-Dutch company, of the Sara Lee Corporation household and body care division.  The clearance required a divestiture of Sara Lee’s Sanex brand and other related business in Europe due to a concern about anticompetitiveness in certain deodorant markets. “We had to ensure that the transaction...

Merger For High-Speed Telecom Companies Inches Forward

Posted  11/16/10
The potential acquisition of telecommunication company Qwest by Internet provider CenturyLink has cleared another hurdle.  Integra, a competitive local exchange carrier that both uses and resells Qwest network services, had fought the proposed deal because of the potential effects on its existing connectivity agreements with Qwest.  However, with a settlement agreement in place that ensures its rights under those...

Europeans Block Iron Giants’ Second Attempt To Combine

Posted  10/28/10
For the second time in as many years, antitrust enforcers have blocked a proposed deal between mining companies BHP Billiton Ltd. and Rio Tinto Ltd. to create the world’s largest iron-ore exporter. The companies have announced that they will not proceed with a $10 billion joint venture of their ire ore operations in western Australia, due to objections from antitrust agencies in Australia, Germany, Japan, and...

Scrap Metal Cartels Facing Global Scrutiny

Posted  10/25/10
A worldwide antitrust crackdown on scrap metal cartels has landed in Korea with the Korean Fair Trade Commission’s recent imposition of a $1.45 million fine against 25 scrap metal processors for price fixing. Scrap metal processors purchase the scraps that are produced by the steel production process.  The processors in turn sort and clean the scrap metal and sell the final product to end users, frequently other...

Britain Eyes Merging Merger Cops

Posted  10/20/10
The United Kingdom’s two antitrust agencies will be merged if a proposed consolidation that seeks to streamline the British regulatory process passes its own merger review by the government. Currently, the U.K. employs two regulatory bodies to scrutinize competition activity, the Office of Fair Trading (“OFT”) and the Competition Commission.  The two bodies have slightly different roles, but work together in...

Antitrust Regulators Will Be Navigating Health Care Reform In Evaluating New Accountable Care Organizations

Posted  10/18/10
While doctors and medical organizations have long had to navigate antitrust concerns in their practices, antitrust regulators will now have to consider health care reform in evaluating collective action by health care providers in groups known as care accountable care organizations (“ACOs”). ACOs are health care provider groups responsible for the cost and quality of care delivered to a group of patients cared...

EU College Of Commissioners May Promote Antitrust Class Action Plan Despite Last Year’s Failing Grade

Posted  10/15/10
Although the American version of class actions may still be viewed as an unwelcome immigrant by businesses in Europe, the European Commission appears to be reviving efforts to fashion its own kinder, gentler, European version of class actions for antitrust violations. Recent reports indicate that the European Commission has gone back to work on an initiative to allow collective actions for damages by parties...

Wells Fargo A Day Late And A Dollar Short In Bid For Visa Check/MasterMoney Settlement Funds

Posted  10/15/10
The Second Circuit Court of Appeals has upheld a district court ruling that dismissed belated claims by Wells Fargo to participate in the groundbreaking settlements of the Visa Check/MasterMoney Antitrust Litigation. The settlements, finalized in 2005, involved payment of $3.05 billion by defendants Visa and MasterCard to a plaintiff class of millions of U.S. merchants afflicted by the defendants’ “Honor All...
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