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Arranged Marriage Of Comcast And NBC Stumbles Over One Parent’s Dowry Demand

Posted  11/24/09
General Electric’s attempt to arrange a marriage for its 80-percent owned subsidiary NBC Universal is hitting a snag as NBC’s other parent, Vivendi, demands a greater dowry before it consents to Comcast’s proposal. Even if the marriage of these media giants is arranged, consummation of the deal will still be dependent on review by federal agencies, which will confront such issues as combined control over...

Tagged in: Antitrust Enforcement,

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DOJ Statement Is Ray Of Sunshine For Oracle’s Acquisition Of Sun

Posted  11/19/09
The outlook for Oracle’s proposed acquisition of Sun Microsystems is only partly cloudy now that federal antitrust enforcers have announced that they will not be joining their European counterparts in opposing the acquisition. The Antitrust Division of the United States Department of Justice issued a statement on November 9, 2009, concluding that Oracle's proposed acquisition of Sun is unlikely to be...

Tagged in: Antitrust Enforcement, International Competition Issues,

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FTC May Pluck CVS-Caremark Merger For A Second Bite Of Merger Review

Posted  11/18/09
The completed CVS-Caremark merger may be the first fruit to be plucked by federal antitrust enforcers who have indicated a willingness to take second bites at the apple of merger review. Antitrust enforcers in the new administration have expressed an interest in re-examining previously approved mergers to ensure that competition was not compromised.  Christine A. Varney, Assistant Attorney General in charge of...

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Varney Talks Tough On Antitrust Enforcement In Health Insurance

Posted  11/17/09
Since her confirmation as the new Assistant Attorney General of the Antitrust Division in April 2009, Christine Varney has delivered a series of speeches that has made clear that the Department of Justice intends to step up antitrust enforcement. One of the areas under increased scrutiny is industry-specific exemptions from the antitrust laws, including the health care insurance industry.  With the heated debate...

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Merck and Schering-Plough Plow Through Antitrust Concerns As They Target Merger By End Of Year

Posted  11/6/09
Merck’s acquisition of Schering-Plough is plowing ahead as the companies addresses competitive concerns raised by antitrust enforcers. In an October 29, 2009, Consent Order, the FTC is permitting the acquisition – which would result in the one of the world’s largest prescription drug companies – to go forward provided the two companies divest of certain assets.  The European Union granted a smooth approval...

Tagged in: Antitrust Enforcement, International Competition Issues,

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Today’s Mad Men Respect The Bing

Posted  10/27/09
Several advertising powerhouses are showing some respect for the Microsoft-Yahoo! search engine deal, which would advance Microsoft’s Bing in its challenge to Google. As discussed in an earlier post, Yahoo! and Microsoft's proposed partnership, which provides for Yahoo! to exit the search business and rely exclusively on Microsoft's search engine Bing, is unlikely to be aided by traditional merger defenses in the...

Tagged in: Antitrust Enforcement,

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Senator Hatch Kicks The Antitrust Football To President Obama

Posted  10/23/09
While it might be unlikely that President Obama and Republican Senator Orrin Hatch of Utah will be getting together for some Bud Lights and Doritos at a Super Bowl party, they may still become football friends over the antitrust issues raised by the Bowl Championship Series. Senator Hatch sent President Obama a 10-page letter on Wednesday asking him to investigate the BCS for possible antitrust violations in the...

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DOJ Ices Arctic Glacier In Customer Allocation Plea Deal

Posted  10/20/09
A customer-allocation conspiracy has been put on ice by the U.S. Department of Justice in a plea deal reached in Cincinnati federal district court. Arctic Glacier International, Inc., a packaged-ice company located in St. Paul, has agreed to plead guilty to violating the Sherman Act and to pay a $9 million fine for allocating customers in the Detroit area.  Three former executives from the company have also pled...

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Pharmacists Fill Prescription For Amended Challenge To Pfizer-Wyeth Deal

Posted  10/20/09
A group of California pharmacies seeking to block Pfizer’s proposed buyout of Wyeth has already filled the prescription for an amended complaint in response to last week’s dismissal of their suit alleging the deal would be unhealthy for competition and jobs. U.S. District Judge Maxine Chesney in San Francisco had given the pharmacies until Nov. 6 to cure their complaint, which she dismissed for failing to show...

Tagged in: Antitrust Enforcement, Monopolization,

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FTC Protects Animal Health Care Markets In Approving Pfizer-Wyeth Deal

Posted  10/20/09
The Federal Trade Commission announced Wednesday it is clearing Pfizer's proposed $68 billion acquisition of Wyeth after an extensive investigation. Under a proposed settlement, the FTC would require the companies to divest assets in the animal health market.  The FTC stated that the divestitures were necessary to preserve competition in multiple U.S. markets for animal pharmaceuticals and vaccines.  The FTC...

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