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New Merger Guidelines Could Tell Economists: Drop That Hypothetical Can Opener

Posted  02/4/10
Federal antitrust enforcers are signaling that they don’t want merger enforcement to be the butt of the classic joke about the shipwrecked economist who solves the problem of how to open a can of soup by assuming a can opener.  Merger justifications that assume hypothetical competitors would block anticompetitive effects may not pass the laugh test under new Merger Guidelines. Antitrust enforcers are likely to...

Tagged in: Antitrust Enforcement,

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Obama DOJ Makes Ticketmaster Work For Its Ticket To Ride With Live Nation

Posted  01/28/10
Although Ticketmaster’s got a ticket to ride with its merger target, Live Nation, the ticket vendor is finding that the price of a ticket for a merger has gone up in the Obama Administration. The Antitrust Division of the U.S. Department of Justice forced Ticketmaster this week to take actions to achieve antitrust clearance of its merger with Live Nation.  Among other things, Ticketmaster was compelled to...

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The Antitrust Class Action Comes To Italy

Posted  01/13/10
Italian consumer rights group Codacons has filed class action lawsuits against Italy’s two largest banks – Intesa Sanpaolo SpA (ISP.MI) and UniCredit SpA (UCG.MI) – for banking fees paid by more than 25 million customers. The cases are the first to be brought under a new law permitting class action suits in Italian courts, and could force the two banks to pay up to 6.25 billion Euros (approximately nine...

Tagged in: Antitrust Enforcement, International Competition Issues, Price Fixing,

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Will The DOJ’s Holiday Greeting To The EC Bring Holiday Cheer?

Posted  12/29/09
The DOJ’s Antitrust Division has sent the European Commission a holiday greeting that appears designed to mollify the EC after a DOJ statement last month that the EC viewed as a lump of coal in its Christmas stocking. “The Department of Justice's Antitrust Division commends the efforts of the European Commission …”  These were the opening words of a surprising statement issued by Assistant Attorney General...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Antitrust Issues Keeping Coffee Executives Awake

Posted  12/28/09
If coffee executives can’t sleep at night, it isn’t the coffee, it’s the antitrust issues. Coffee companies around the world are working through the holiday season, contending with merger issues in the U.S. and price fixing in Europe. In the U.S., Green Mountain Coffee Roasters Inc. has voluntarily withdrawn its filing with the FTC regarding its purchase of Diedrich Coffee Inc. after consultation with the...

Tagged in: Antitrust Enforcement, International Competition Issues, Price Fixing,

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Connecticut AG Eyes UnitedHealthcare-Health Net Merger

Posted  12/21/09
While consideration of health care may be dominating the halls of Congress, state officials are reminding health insurers that the Feds don’t have a monopoly in regulation. Connecticut Attorney General Richard Blumenthal has announced that his office is investigating the merger of UnitedHealthcare and Health Net Inc. UnitedHealthcare agreed in July to pay approximately $510 million to buy Health Net’s...

Tagged in: Antitrust Enforcement, Antitrust Legislation,

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Sirius XM Radio Subscriber Attacks Merger, Claiming Prices Now Go To 11

Posted  12/17/09
A subscriber in Florida is suing Sirius XM Radio, challenging the 2008 merger of the two satellite radio services with allegations of deceptive and excessive pricing. The private suit claims that despite the commitments Sirius and XM made to the Department of Justice and the Federal Communications Commission as a condition of merger approval, the combined firm has raised prices above competitive levels. Both the...

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Focus On Monsanto Highlights Growing DOJ Scrutiny Of Dominant Firms

Posted  12/11/09
It is well known in the antitrust community that the Justice Department is searching for cases to bring against dominant firms that have violated the antitrust laws.  One such firm may be Monsanto.  In fact, the prices of patented seeds sold by agribusiness giant Monsanto, which make up a majority of the seed market for some staple crops, have roughly doubled in the past decade, leading to new scrutiny by the...

Tagged in: Antitrust Enforcement, Monopolization,

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News Giant Reuters Making News Of Its Own

Posted  12/2/09
Thomson Reuters is in the news, but probably not for a reason it’s happy about.  The European Commission has opened formal antitrust proceedings against the news and financial data giant concerning a potential infringement of EC Treaty rules on abuse of a dominant market position related to the company’s coding of its real-time market data feeds. Specifically, the EC will investigate whether customers or...

Tagged in: Antitrust Enforcement, International Competition Issues,

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From Russia, An Antitrust Cooperation Agreement

Posted  11/30/09
Russia’s head antitrust agency, the Russian Federal Antimonopoly Service (“FAS”), has signed a Memorandum of Understanding (“MOU”) with the United States Department of Justice and Federal Trade Commission to promote greater cooperation between the two governments on antitrust issues. FAS Head Igor Artemyev, FTC Chairman Jon Leibowitz, and Assistant Attorney General for Antitrust Christine Varney signed...

Tagged in: Antitrust Enforcement, International Competition Issues,

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