June 26, 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. sues to stop western hospital system from buying clinics.  U.S. antitrust enforcers have filed a complaint aimed at stopping a big hospital system in the western United States from buying a series of clinics.  The lawsuit is aimed at stopping Sanford Health, which has more than 40 hospitals and 250 clinics, from buying Mid Dakota Clinic, which has eight facilities primarily in Bismarck, North Dakota, the Federal Trade Commission said.  The FTC, which sued along with the North Dakota attorney general’s office, said that the merger would sharply reduce competition to provide a broad range of medical services in Bismarck and the surrounding area.

U.S. to seek to block DraftKings, FanDuel fantasy sports merger.  The U.S. Federal Trade Commission said it will seek to stop the merger of DraftKings and FanDuel, because the combined company would control more than 90 percent of the U.S. market for paid daily fantasy sports contests.  The FTC, along with the attorneys general of California and the District of Columbia, will file a complaint in federal district court seeking a preliminary injunction to block the deal, the antitrust regulator said.

Judge Blocks Merger of Nuclear-Waste Disposal Companies.  A federal judge in Delaware has blocked a Utah-based nuclear waste disposal company from buying a Texas-based competitor.  The judge on Wednesday ruled in favor of the U.S. Justice Department in an antitrust lawsuit aimed at blocking Salt Lake City-based EnergySolutions’ planned $367 million acquisition of rival Waste Control Specialists, based in Dallas.

Bayer CEO says talks with EU over Monsanto deal constructive.  Bayer’s chief executive said talks with the EU Commission over the antitrust scrutiny of the German drugmaker’s planned takeover of U.S. seeds maker Monsanto were “very good and constructive,” confirming a target to wrap up the deal by year-end.  Bayer still expects to be able to file for regulatory approval in Europe by the end of June, and CEO Werner Baumann reiterated that EU regulators would likely launch an in-depth analysis of the transaction, which will create the world’s largest supplier in the combined seeds and crop chemicals market.

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Categories: Antitrust Enforcement, Antitrust Litigation

    June 19, 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.

    GE wins U.S. antitrust approval for Baker Hughes deal.  General Electric Co. has won U.S. antitrust approval to merge its oil and gas business with Baker Hughes Inc. to form a new publicly traded company, the U.S. Justice Department has announced.  GE and Baker Hughes announced the deal in October, months after Halliburton’s effort to buy Baker Hughes collapsed under pressure from the Justice Department.  Under the agreement, GE will combine Baker Hughes with its oil and gas business, creating a company with $23 billion in annual revenue, the companies said.

    Google Said to Be Facing Record E.U. Fine by End of August.  European antitrust officials are preparing to hit Google with a potentially record fine by the end of August over some of the Silicon Valley giant’s search services, according to two people with direct knowledge of the case.  Margrethe Vestager, the European Union’s competition chief, is in the final stages of ruling on the case, said the people, who spoke on the condition of anonymity because they were not authorized to talk publicly.  Any financial penalty is expected to be larger than the fine of 1.06 billion euros, now about $1.2 billion, then about $1.4 billion — at the time the highest ever — that Intel was forced to fork out for antitrust abuses in Europe in 2009.

    Dow, DuPont merger wins U.S. antitrust approval with conditions.  DuPont and Dow Chemical Co. have won U.S. antitrust approval to merge on condition that the companies sell certain crop protection products and other assets, according to a court filing on Thursday.  The asset sales required by U.S. antitrust enforcers were similar to what the companies had agreed to give up in a deal they struck with European regulators in March.  The deal is one of several big mergers by farm suppliers, and the antitrust approval was quickly denounced by the head of the National Farmers Union, saying that farmers would face higher costs.  The U.S Justice Department said the asset sales would prevent price hikes or lost innovation.

    Deutsche Bank reaches $170 million Euribor-rigging settlement.  Deutsche Bank AG will pay $170 million to settle an investor lawsuit claiming it conspired with other banks to manipulate the benchmark European Interbank Offered Rate and related derivatives.  A preliminary settlement was filed with the U.S. District Court in Manhattan, and requires a judge’s approval.  It follows similar settlements with Barclays Plc and HSBC Holdings Plc for a respective $94 million and $45 million, which have won preliminary court approval.

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    Categories: Antitrust Enforcement, International Competition Issues

      June 12, 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 antitrust regulators to investigate $38 billion Qualcomm, NXP deal.  EU antitrust authorities opened an investigation on Friday into Qualcomm’s $38-billion bid for NXP Semiconductors, ratcheting up pressure on the U.S. smartphone chipmaker to offer concessions to address their concerns.  Qualcomm, which supplies chips to Android smartphone makers and Apple, is set to become the leading supplier to the fast growing automotive chip market following the deal, the largest-ever in the semiconductor industry.  The European Commission listed a raft of concerns about the combined company’s ability and incentives to squeeze out rivals and jack up prices.

      Lawsuit in U.S. accuses 12 big banks of credit default swap collusion.  A small trading exchange on Thursday filed an antitrust lawsuit accusing Bank of America Corp , Citigroup Inc, JPMorgan Chase & Co and nine other banks of conspiring to shut it out of the $9.9 trillion credit default swap market.  Tera Group Inc. accused the banks of coordinating a boycott of its seven-year-old TeraExchange platform by refusing both to send it any CDS transactions, and to clear and settle any CDS trades that customers wanted to handle there.  It also said the banks used their 95 percent market share to require that trading follow a protocol known as “request for quote,” which Tera described as opaque and inefficient.

      French Drugmaker Servier Challenges 331 Million Euro EU Antitrust Fine.  French drugmaker Servier urged an EU court on Tuesday to slash a 331 million euro antitrust fine, saying regulators had committed multiple errors when they ruled against the company’s pay-for-delay deals with generic rivals three years ago.  Such deals, a typical business practice in the industry, are frowned upon by competition authorities on both sides of the Atlantic, who say they block the entry of cheaper generic medicines into the market as governments grapple with rising healthcare costs.

      Johnson & Johnson expects to complete of Actelion offer on June 16.  Johnson & Johnson said Friday’s approval of its proposed acquisition of Swiss biotech company Actelion by the European Commission meant all regulatory approvals required to complete the $30 billion deal have been received.  The U.S. company said it expects settlement of the all-cash public tender offer by its Swiss subsidiary, Janssen Holding, on June 16.  EU antitrust regulators approved on Friday Johnson & Johnson’s planned purchase of Actelion subject to conditions intended to ensure clinical development of insomnia drugs were unaffected.

       

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      Categories: Antitrust Litigation, International Competition Issues

        June 5, 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: Google faces hefty EU fine in shopping case by August – sources.  EU antitrust regulators aim to slap a hefty fine on Alphabet unit Google over its shopping service before the summer break in August, two people familiar with the matter said, setting the stage for two other cases involving the U.S. company.  The European Commission’s decision will come after a seven-year investigation into the world’s most popular internet search engine triggered by scores of complaints from both U.S. and European rivals.  The EU competition authority accused Google in April 2015 of distorting internet search results to favor its shopping service, harming both rivals and consumers.

        Qualcomm hits at FTC over ‘deficient’ antitrust suit.  The back and forth goes on in the U.S. Federal Trade Commission’s antitrust suit against Qualcomm, the world’s largest maker of mobile chips.  Late Friday night, Qualcomm fired the latest salvo in the case, filing documents in which it says, for a second time, that the FTC’s suit should be dismissed because it doesn’t back up the agency’s claims that Qualcomm’s practices hampered competition.

        Dollar Express sues Dollar Tree for driving it out of business.  U.S. discount retailer Dollar Express has filed a lawsuit accusing rival Family Dollar and its parent company Dollar Tree Inc of driving it out of business, the third government-required divestiture to fail in recent years.  Dollar Express was formed in 2015 when private equity group Sycamore Partners II LP bought some 330 stores in 35 states from Family Dollar and Dollar Tree.  Family Dollar had to sell the stores in order to win antitrust approval to merge with Dollar Tree.  In the lawsuit filed Thursday, Dollar Express accuses Dollar Tree of using confidential information to open new shops near the divested stores to drive them out of business.

        EU regulators say Qualcomm has not offered concessions in NXP bid.  U.S. smartphone chipmaker Qualcomm has not offered any concessions so far in its $38-billion bid for NXP Semiconductors, EU antitrust regulators said on Friday, increasing the risk of a lengthy investigation into the deal.  Qualcomm, which supplies chips to Android smartphone makers and Apple, had until June 1 to propose concessions to allay possible competition concerns over the biggest-ever deal in the semiconductor industry.

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        Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

           






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