September 28, 2015

The Antitrust Week In Review

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

F.T.C. is Said to Investigate Claims that Google Used Android to Promote Its Products.  Google’s world wide regulatory problems are coming back home to the U.S.  The Federal Trade Commission has started investigating complaints that Google unfairly uses its Android mobile operating system to bolster such popular Google products as Google Search and Google Maps, according to sources involved in the inquiry.

EU Launches Extensive Probe into Staples’ Bid for Office Depot.  EU antitrust regulators have opened an extensive investigation into U.S. office supplier Staples’ $6.3 billion bid for rival Office Depot out of concerns of possible price hikes as a result of the deal.  In the U.S., the Federal Trade Commission is also examining the deal, which has received the green light from competition authorities in China, Australia and New Zealand.

U.S. Insurance Mega Mergers Could Hurt Care: Psychiatric Group.  The American Psychiatric Association is warning U.S. antitrust regulators that two proposed health insurance deals could worsen access to mental health care services, adding to public opposition from several prominent doctors groups.  Anthem Inc. would become the largest U.S. health insurer if a proposed $47 billion acquisition of Cigna Corp., is consummated.  Aetna Inc. is seeking to buy Humana Inc., which would make that insurer the largest provider of Medicare plans for older people.

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Categories: Antitrust Enforcement

    September 21, 2015

    The Antitrust Week In Review

    Justice department seeks more information on Aetna, Humana deal.  The U.S. Department of Justice is asking health insurer Aetna Inc. for more information about its pending $37 billion acquisition of Humana Inc.  The Justice Department’s “second request” will delay by 30 days the expiration of the waiting period under the Hart–Scott–Rodino antitrust act, Aetna said in a regulatory filing.  Aetna’s offer to buy Humana and rival health insurer Anthem Inc.’s $48 billion offer for Cigna Inc. are expected to face close scrutiny from regulators due to concerns that the two deals could lead to higher insurance prices.

    Antitrust Nod for Expedia to Buy Orbitz.  The Justice Department will not try to block the acquisition of travel booking site Orbitz by its larger rival Expedia, clearing the way for the companies to complete their $1.3 billion merger.  Hotel companies, along with some consumer advocates and lawmakers, have raised concerns over the potential market power of the combined company, which would control about 75 percent of the domestic market for third-party online booking.  However, the Justice Department’s antitrust enforcers concluded that the acquisition is unlikely to harm competition and consumers.

    Petco begins merger talks with PetSmart – sources.  Petco Holdings Inc. is exploring the possibility of being acquired by PetSmart Inc., according to sources.  Such a merger could result in a company with some 30 percent of U.S. pet specialty supplies stores.

    GE among bidders for Halliburton’s assets: Bloomberg.  General Electric Co. is bidding for pieces of Halliburton Co.’s drilling services and drilling bits businesses, as the latter seeks regulatory approval to buy Baker Hughes Inc., according to Bloomberg.  U.S. antitrust enforcers are concerned that the proposed $35 billion deal for Halliburton to acquire smaller rival Baker Hughes would lead to higher prices and less innovation in the oilfield services industry.

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    Categories: Antitrust Enforcement, General

      September 18, 2015

      Anheuser-Busch Aims To Convince Miller That This Merger’s For You

      By Hamsa Mahendranathan

      After years of speculation that two beer giants will tie the knot, Anheuser-Busch InBev has disclosed its intention to acquire SABMiller.

      This acquisition would combine the world’s two largest brewers by revenue, which together have $69 billion in annual revenue and command 30% of global beer sales.  Anheuser-Busch’s brands of beer include Budweiser, Corona, Stella Artois Hoegaarden and Skol.  SABMiller’s offerings include Miller Lite, Aguila, Peroni and Pilsner Urquell.  In the United States, SABMiller owns 58 percent of the MillerCoors joint venture which has the right to market Coors in the U.S.

      Large breweries have seen their sales fall as customers in established markets have shifted their consumption to wines and craft beers.  For Anheuser-Busch, the deal is an opportunity to solidify its presence in existing markets, expand its global reach and grab SABMiller while it is relatively cheap.  SABMiller’s share price has fallen recently, and it continues to have a strong presence in markets where Anheuser-Busch has little or none, such as Africa, Colombia and Peru.

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      Categories: Antitrust Enforcement, International Competition Issues

        September 14, 2015

        The Antitrust Week In Review

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

        Banks to Settle With Investors in Suit Over Financial Crisis.  Twelve of the largest banks in the world are apparently on the verge of paying $1.865 billion to settle accusations that they illegally conspired to control a derivatives market that stood at the center of the financial crisis.  The banks have faced public criticism since the financial crisis for the opaque manner in which their traders bought and sold credit default swaps, a type of financial contract that allows investors to speculate and hedge against losses and that figured prominently in the crisis.

        U.S. doctors group says planned health mergers are anti-competitive.  The American Medical Association, the leading U.S. physicians’ organization, is arguing that two proposed mergers of U.S. health insurers worth tens of billions of dollars could lead to higher prices in 17 states for companies that buy insurance for their workers or people who buy their own insurance.  Aetna announced plans to buy smaller rival Humana in early July, and Anthem agreed to buy Cigna later that month.  Both mergers are being reviewed by the U.S. Department of Justice and state insurance officials.

        EU regulators to rule on $16.7 billion Intel, Altera deal by October 14.  European Union antitrust regulators will decide by Oct. 14 whether to clear U.S. chipmaker Intel’s $16.7 billion bid for Altera Corp, its largest ever deal.  The EU competition authority can either clear the deal with or without conditions in a preliminary review or open a full-scale investigation.

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        Categories: Antitrust Law and Monopolies, Antitrust Litigation, International Competition Issues

          September 8, 2015

          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. judge approves $415 million settlement in tech worker lawsuit.  U.S. District Judge Lucy Koh has granted final approval to a $415 million settlement of the high profile antitrust class action in which workers accused Apple, Google and two other Silicon Valley companies of conspiring to hold down salaries.  The plaintiffs alleged that Apple, Google, Intel Corp and Adobe Systems conspired to avoid poaching each other’s employees, thus limiting job mobility and, as a result, keeping a lid on salaries.

          Google Antitrust Inquiries Spread Over Globe, With India the Latest Problem.  Google is now coming under antitrust scrutiny in India.  After a three-year investigation, the Competition Commission of India, India’s antitrust authority, has reportedly sent Google a report expressing concern (similar to European complaints) that Google is abusing its dominant position in search and online advertising by ranking its own services ahead of those of competitors.

          German carmakers win US antitrust approval to buy Nokia maps.  German carmakers BMW, Audi and Mercedes have won U.S. antitrust approval to buy Nokia’s maps business for around 2.5 billion euros ($2.8 billion), according to the Federal Trade Commission.  Germany’s three premium carmakers will hold equal stakes in the business, known as HERE, and may allow automakers to offer new premium features, like autonomous driving, in luxury cars, shaking up the pecking order between car makers, their parts suppliers and software rivals like Uber and Google.

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          Categories: Antitrust Litigation, General, International Competition Issues

             






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