October 16, 2017

The Antitrust Week In Review

Here are some of the developments in antitrust news this past week that we found interesting and are following.

U.S. top court asks Justice Department for views in Apple antitrust case.  The U.S. Supreme Court on Tuesday asked the Trump administration for its views on whether to hear Apple Inc’s bid to avoid a class-action lawsuit accusing the tech giant of inflating consumer prices by charging illegally high commissions on iPhone software sales through its App Store.  The justices are considering whether to take up Apple’s appeal of a lower court ruling that allowed the proposed class-action suit alleging it violated federal antitrust law to proceed.  Apple said the case should be thrown out because only developers of the apps who were charged the commissions, not consumers, should be entitled to bring such a suit.

U.S. Justice Dept Official Should Not Review AT&T/Time Warner Deal: Senator.  U.S. Senator Elizabeth Warren on Thursday urged the Justice Department’s top antitrust official to recuse himself from an ongoing review of AT&T Inc’s planned $85.4 billion acquisition of Time Warner Inc.  She urged Assistant Attorney General for Antitrust Makan Delrahim, who was confirmed late last month, not to take part in the review because of his previous statement that the merger did not pose a “major antitrust problem.”  “Your refusal to recuse yourself will undermine public confidence in the division’s ability to reach an unbiased final decision in the matter,” Warren wrote in the letter.

Taiwan fines Qualcomm $774 million for antitrust violations. Qualcomm Inc faces an antitrust fine in Taiwan, the latest in a years-long streak of regulatory setbacks to its business model that comes as it also fights U.S. regulators and iPhone maker Apple Inc in court over many of the same legal issues.  The Taiwan Fair Trade Commission said on Wednesday it would fine Qualcomm T$23.4 billion ($774.14 million) for anti-trust violations of its chip technology.  The Commission said in a Chinese-language statement that Qualcomm had a monopoly over the chip market for several so-called modem technologies, which provide wireless data connectivity for mobile phones, and refused to license its technology to other industry players.

EU says wants Russia’s Gazprom to sweeten antitrust concessions. The European Commission wants Russian gas giant Gazprom to make more concessions in order to end a six-year long antitrust investigation, the Commission said on Friday after another round of talks.  Gazprom said progress was made during the meeting.  The comments by the EU competition authority came after Gazprom deputy chief executive Alexander Medvedev met EU antitrust chief Margrethe Vestager to discuss the case in Brussels.

Leave a comment »

Categories: Antitrust Litigation, Antitrust Policy, International Competition Issues

    October 2, 2017

    The Antitrust Week In Review

    Here are some of the developments in antitrust news this past week that we found interesting and are following.

    U.S. files antitrust lawsuit against Parker-Hannifin takeover.  The U.S. Justice Department on Tuesday filed an antitrust lawsuit challenging Parker-Hannifin Corp.’s purchase of Clarcor Inc., which closed in February.  The lawsuit, brought in U.S. district court in Delaware, was filed out of concern that the $4.3 billion transaction would mean higher prices, worse service or less innovation in the market for aviation fuel filtration systems and products.  The department asked the court to order Parker-Hannifin to sell part of its aviation filtration business on grounds that it and Clarcor had been the only two U.S. manufacturers of the filtration products.

    Google Proposes Remedy in Response to EU Antitrust Crackdown.  Google has proposed a remedy for its search results that European regulators have said favor its own shopping listings: holding an auction for those advertiser-paid spots.  But critics say the proposal still favors the deep-pocketed tech giant, and Europe’s top antitrust regulator is taking a wait-and-see attitude.  Google said Thursday it will still present users with photos and prices when they search for products online and offer a link directly to where they can be purchased.

    US Senate confirms Delrahim to head Justice Department’s Antitrust Division.  The U.S. Senate voted on Wednesday to confirm Makan Delrahim to head the Justice Department’s Antitrust Division, which will decide the fate of deals like AT&T Inc.’s proposed purchase of Time Warner Inc. and the merger of Bayer AG and Monsanto Co.  The Senate voted 73 to 21 to confirm Delrahim.

    Abbott wins U.S. antitrust approval to buy Alere with conditions.  Abbott Laboratories has won U.S. antitrust approval to buy Alere Inc. on condition that it sell two point-of-care medical testing businesses, the Federal Trade Commission said on Thursday.  Canada also announced on Thursday that it had approved the proposed transaction on similar terms.

    Leave a comment »

    Categories: Antitrust Enforcement, Antitrust Policy, International Competition Issues

      September 25, 2017

      The Antitrust Week In Review

      Here are some of the developments in antitrust news this past week that we found interesting and are following.

      Google offers to treat rivals equally via auction –sources.  Google has offered to display rival comparison shopping sites via an auction, as it aims to stave off further EU antitrust fines, four people familiar with the matter said.  Google is under pressure to come up with a big initiative to level the playing field in comparison shopping, but its proposal was roundly criticised by competitors as inadequate, the sources said.  EU enforcers see the antitrust case as a benchmark for investigations of other areas dominated by the U.S. search giant, such as travel and online mapping.

      Walgreens, Rite Aid Trim Store Purchase Deal to $4.38B.  Walgreens and Rite Aid have finally devised a deal between the nation’s largest and third-largest drugstore chains that will get past antitrust regulators.  The companies said Tuesday that they have Federal Trade Commission clearance for a slimmer version of a store-purchase agreement announced in June.  Walgreens will now spend $4.38 billion on 1,932 stores, three distribution centers and inventory.

      Democratic senator lifts hold on Trump antitrust nominee –aide.  U.S. Senator Elizabeth Warren has lifted her hold on President Donald Trump’s pick to run the Justice Department’s Antitrust Division, a move that will allow the Senate to vote to confirm Makan Delrahim, a senior Republican aide said on Friday.  Warren, a Massachusetts Democrat, had met with Delrahim early in September where she pressed him about her concerns about lobbying and political interference in antitrust.  Delrahim, a veteran of the Justice Department and a lobbyist, has been nominated to be assistant attorney general.

      Bayer dismisses antitrust concerns about digital farming.  Bayer said it was unable to propose the sale of any digital farming assets to allay EU concerns about its planned $66 billion takeover of Monsanto.  The European Commission last month started an in-depth investigation into the German group’s plan to acquire the U.S. seeds maker.  Among its concerns, the regulator took issue with Bayer’s plan to create combined offerings of seeds and pesticides with the help of new digital farming tools, such as connected sensors, software and precision machines.

      Leave a comment »

      Categories: Antitrust Litigation, Antitrust Policy, General, International Competition Issues

        August 28, 2017

        The Antitrust Week In Review

        Here are some of the developments in antitrust news this past week that we found interesting and are following.

        EU starts in-depth probe of Bayer, Monsanto deal.  The European Commission has started an in-depth investigation of Bayer’s planned $66 billion takeover of U.S. seeds group Monsanto, saying it was worried about competition in various pesticide and seeds markets.  The deal would create the world’s largest integrated pesticides and seeds company, the Commission said, adding this limited the number of competitors selling herbicides and seeds in Europe.  “The Commission has preliminary concerns that the proposed acquisition could reduce competition in a number of different markets resulting in higher prices, lower quality, less choice and less innovation,” it said in a statement on Tuesday.

        Amazon-Whole Foods Deal Clears Last Two Major Hurdles.  Amazon’s bid to become a bigger player in the grocery business took a major step forward Wednesday, as federal antitrust regulators approved the internet company’s acquisition of Whole Foods Market.  And earlier in the day, Whole Foods shareholders voted to approve the $13.4 billion deal, which will give Amazon a major bricks-and-mortar presence with more than 460 stores in a huge retail category where success has eluded the company.  The Federal Trade Commission, which was handling the federal review of the deal, said in a statement Wednesday afternoon that the agency had concluded that the deal would not harm competition.

        Australian antitrust regulator clears Murdoch to buy Ten Network.  Australia’s antitrust regulator cleared on Thursday a consortium led by News Corp Co-Chairman Lachlan Murdoch to buy free-to-air television broadcaster Ten Network Holdings Ltd, saying the move would not harm competition.  Australian Competition and Consumer Commission Chairman Rod Sims said that while the deal would reduce diversity of opinion in a market already dominated by a handful of companies including News, it would not “substantially lessen competition.”  The Australian government has proposed liberalizing media ownership laws including removing the so-called “two out of three” rule, which prevents a single party from owning print, radio and television assets in the same market.

        Deal-Making Is Alive and Well, but the Market Is Changing.  The urge to merge is alive and well.  Companies are tying the knot, unperturbed by persistent doubts surrounding the Trump administration and Britain’s forthcoming exit from the European Union.  An absence of organic growth and ready access to low-cost debt are sending them down the aisle in record numbers.  But an array of forces, like takeover rules, antitrust reviews and industrial policy, are helping to break up the party.

        Leave a comment »

        Categories: Antitrust Policy, International Competition Issues

          July 10, 2017

          The Antitrust Week In Review

          Here are some of the developments in antitrust news this past week that we found interesting and are following.

          Exclusive: EU considers record fine as panel checks Google Android case – sources.  EU antitrust regulators are weighing another record fine against Google over its Android mobile operating system and have set up a panel of experts to give a second opinion on the case, two people familiar with the matter said.  Assuming the panel agrees with the initial case team’s conclusions, it could pave the way for the European Commission to issue a decision against Alphabet’s Google by the end of the year.  The Commission in April last year charged Google with using its dominant Android mobile operating system to shut out rivals following a complaint by lobby group FairSearch, U.S.-based ad-blocking and privacy firm Disconnect Inc., Portuguese apps store Aptoide and Russia’s Yandex.

          Antitrust Regulators Sign Off on Cabela’s Sale to Bass Pro.  U.S. antitrust regulators have ended their investigation into Bass Pro Shops’ $4 billion deal to buy Cabela’s, Cabela’s said Wednesday.  The Nebraska-based chain said the Federal Trade Commission signed off on the deal earlier this week, but banking regulators still haven’t approved one part of the transaction.

          Trump missing chance to steer antitrust as key FTC slots go unfilled.  The White House is passing up a chance to steer policy on everything from mergers to advertising as it delays choosing from three front-runners to name a permanent chair for the Federal Trade Commission.  The FTC, which shares the work of antitrust enforcement with the Justice Department and pursues companies accused of deceptive advertising, is currently headed by acting Chairman Maureen Ohlhausen, who was named on Jan. 25.

          Broadcom wins U.S. antitrust consent to buy Brocade: FTC.  Chipmaker Broadcom Limited has won U.S. antitrust approval to buy Brocade Communications Systems, the Federal Trade Commission said on Monday.  The $5.5 billion deal, which already has won approval in Europe and Japan, is the latest in the chip industry as companies bulk up in response to growing demand for chips in connected devices and cars.

          Leave a comment »

          Categories: Antitrust Enforcement, Antitrust Policy, International Competition Issues

            « Previous Entries   Next Entries »






            © 2009-2024 Constantine Cannon LLP. Attorney Advertising. Disclaimer. Privacy Policy.