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Page 5 of 6

U.S. Agriculture Competition Rules Get Meat Axed By Industry And Congressional Pressure

Posted  01/11/12
Pressure from the U.S. meat industry and Congress has succeeded in trimming new competition rules designed to help farmers contained in the U.S. Department of Agriculture’s (“USDA”) final regulations for the Grain Inspection, Packers and Stockyards Administration (“GIPSA”). The Food, Conservation, and Energy Act of 2008 (the “2008 Farm Bill”) required the USDA to promulgate new, and clarify existing,...

Tagged in: Antitrust Legislation, Antitrust Policy,

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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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Accountable Care Organizations, Unaccountable To Antitrust Law?

Posted  02/23/11
The Affordable Care Act provides for the creation of Accountable Care Organizations (“ACOs”), organizations of healthcare providers that agree to be held accountable for the cost and quality of care provided to Medicare beneficiaries.  Beginning in January 2012, Medicare will reward ACOs for meeting certain benchmarks set by the Secretary of Health and Human Services.  As a result, many healthcare providers that...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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Lightening Strikes: In A First, NY Electric Company To Give Up Profits In Antitrust Settlement

Posted  02/22/11
A judge in the Southern District of New York has approved a settlement agreement between the Department of Justice and KeySpan Corporation (“KeySpan”) in which KeySpan agreed to disgorge $12 million of profits for alleged violations of Sherman Act Section 1.  KeySpan was once the largest seller of electricity generating capacity in New York City and is owned by National Grid, which purchased it in 2007. The...

Tagged in: Antitrust Litigation, Antitrust Policy,

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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...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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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...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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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...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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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...

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

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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...

Tagged in: Antitrust Enforcement, Antitrust Policy,

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