August 27, 2018

The Antitrust Week In Review

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

Apple to gain unconditional EU approval for Shazam buy: sources.  Apple is set to win unconditional EU antitrust approval for its planned acquisition of British music discovery app Shazam, two people familiar with the matter said on Wednesday. The deal, announced in December last year, would help the iPhone maker better compete with Spotify, the industry leader in music streaming services. Shazam identifies songs when a smartphone is pointed at an audio source.

Linde-Praxair try to save $83 billion merger after antitrust blow.  Industrial gases giants Linde and Praxair are in talks to try to salvage their $83 billion merger after U.S. competition regulators demanded they sell assets that generate more than $4.3 billion in sales. Linde said on Wednesday the divestments were expected to reach a level that would allow either party to abandon the deal, although the German company added that talks continued with both Praxair and regulators. Analysts said they still expected the deal to go ahead, though they cautioned the asset sales could make the deal less attractive and/or make synergy targets harder to achieve.

Antitrust Battle Next For Cigna After Shareholders Approve Express Scripts Deal.  Cigna and Express Scripts shareholders Friday approved the insurer’s acquisition of the pharmacy benefit manager, leaving the deal in the hands of antitrust regulators as the merger’s next key hurdle. Once billionaire investor Carl Icahn backed off his effort to derail the deal, shareholder approval became a formality given key proxy advisors gave the merger their blessing. But it’s less clear whether the merger will win approval of federal regulators with an influential Republican member of Congress calling for the U.S. Justice Department’s antitrust division to conduct a “rigorous review” of both the Cigna-Express Scripts merger and CVS Health’s proposed purchase of Aetna, the nation’s third largest health insurer.

Japan Pushing to End Smartphone Bundling, Cut Wireless Fees: Source.  Japan is aiming to force wireless carriers to cut their monthly fees and stop bundling the cost of smartphones with wireless services, a senior telecoms ministry source said on Tuesday, in a move that is likely to hit Apple Inc. Japan’s top wireless carriers, NTT Docomo Inc, KDDI Corp and SoftBank Group Corp, typically provide phones without upfront charges as part of fixed-term contracts that can cost as much as 10,000 yen ($90.51) a month. Customers effectively pay for handsets in installments. The government, which sees these contracts as muddying the cost of handsets and mobile fees and creating barriers for entry, wants carriers to charge separately for phones, the senior telecoms ministry source told Reuters.

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Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

    August 20, 2018

    The Antitrust Week In Review

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

    Apple accused of pressuring game rivals in Japan: Nikkei.  Japanese regulators are investigating Apple Inc over allegations it unfairly pressured Yahoo Japan Corp to slow the expansion of its online games platform, which competes with Apple’s App Store, Japanese media reported on Thursday. The Fair Trade Commission is looking at whether Apple interfered in Yahoo Japan’s operations by pressuring it to cut back on developing its Game Plus web-based service which enables users to stream games without downloading apps, the Nikkei newspaper reported.

    Independent Labels Urge EU to Block Sony’s $2.3 Billion Bid for EMI.  Independent music labels group Impala has called on EU antitrust regulators to block Sony Corp’s bid to become the world’s largest music publisher with its $2.3 billion (£1.8 billion) offer for control of EMI, saying the combination would have too much market power. Sony announced the deal in May, the boldest strategy move by its new CEO Kenichiro Yoshida, which would give it rights to 2.1 million songs from artists such as Drake, Sam Smith, Pharrell Williams and Sia. The Japanese conglomerate, which currently owns a 30 percent stake in EMI, wants to buy Mubalada Investment Co’s 60 percent stake.

    Sprint partners with LG to launch 5G smartphone in 2019.  Sprint Corp said Tuesday it has partnered with phone manufacturer LG Electronics Inc to launch a 5G smartphone in the first half of next year, marking the first 5G device deal for the No. 4 U.S. wireless carrier. Sprint is working to persuade antitrust regulators to approve its merger with larger rival T-Mobile US Inc in a $26 billion deal, which the companies say will help them more quickly build the next-generation wireless network. That network is expected to eventually pave the way for new technologies like autonomous cars.

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    Categories: General, Uncategorized

      August 13, 2018

      The Antitrust Week In Review

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

      Beer drinkers lose U.S. appeal over Anheuser-SABMiller merger.  A federal appeals court on Wednesday rejected an antitrust challenge by 23 beer drinkers to Anheuser-Busch InBev SA’s (ABI.BR) $107 billion purchase in 2016 of SABMiller Plc, which they claimed would thwart competition and raise prices in the U.S. beer market. The 9th U.S. Circuit Court of Appeals in Portland, Oregon said SABMiller’s agreement with antitrust regulators to divest its U.S. beer business, by selling its stake in the MillerCoors joint venture to Molson Coors Brewing Co (TAP.N), would prevent increased concentration in the industry. It also rejected as speculative the argument that the merger violated the federal Clayton Act because it gave Molson Coors an incentive to adopt Anheuser’s distribution practices, to combat its rival’s newly increased size.

      Appeals Court Rejects Magazine Anti-Trust Lawsuit.  A federal appeals court has rejected an antitrust lawsuit brought against publishers by what was once one of the country’s largest wholesale magazine distributors. In an opinion published Monday, the 2nd U.S. Circuit Court of Appeals in Manhattan agreed with a lower-court judge in rejecting Anderson News LLC’s claims, first brought in 2009. The Knoxville, Tennessee company argued that publishers controlling 80 percent of the nation’s magazines conspired to drive it out of business by rejecting its demand that publishers pay 7-cent surcharges on each magazine distributed. The company said the surcharge was necessary to remain profitable.

      Sprint, T-Mobile in early stages of regulatory review, no decisions yet: source.  U.S. antitrust enforcers are in the early stages of reviewing T-Mobile US Inc’s to buy Sprint Corp for $26 billion, and have reached no conclusions on how many wireless carriers the country needs, a source familiar with the situation said. Sprint shares were up 8.7 percent at $6.11 and T-Mobile rose 6.7 percent to $65.65 in late-afternoon trading, after the New York Post reported that U.S. regulators believed that just three national providers were needed, removing an obstacle to the deal. The two companies compete against AT&T and Verizon to provide U.S. wireless service.

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      Categories: Antitrust Litigation, General, Uncategorized

        August 6, 2018

        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. court allows release of bench transcripts in AT&T merger fight.  An appeals court that is hearing the U.S. Justice Department’s fight with AT&T over its merger with Time Warner agreed on Friday to allow the release of transcripts of bench conferences that the public was unable to listen in on during the trial in a lower court. The U.S. Court of Appeals for the D.C. Circuit said in an order on Friday that the government would be allowed to release transcripts of the conversations that generally occurred between Judge Richard Leon, who tried the case, and one or more lawyers from the Justice Department, AT&T and Time Warner. Judge Leon ruled in June that the Justice Department was wrong to ask that a $85.4 billion merger of AT&T, which owns DirecTV, and Time Warner be blocked.

        DOJ Opens Review of Hollywood Antitrust Regulations.  Signaling that the antitrust regulations that have governed movie distribution for the last seven decades may be ripe for revision, the Department of Justice on Thursday opened a review of the famed Paramount Decrees. The 1948 landmark Supreme Court decision of United States v. Paramount, known as “the Paramount Decrees,” effectively ended the old Hollywood system, outlawing such practices as “block booking,” in which studios required theaters to book a bundle of their films. It was part of antitrust efforts to prohibit the major studios from also controlling the country’s movie theaters.

        Credit Suisse charged with rigging foreign exchange rates.  Credit Suisse has been charged by European Union antitrust regulators with rigging foreign exchange rates, the Swiss bank said on Tuesday, a sign that the five-year long EU investigation may reach a conclusion in the coming months. Credit Suisse said in its quarterly report it received notification from the European Commission on July 26 alleging that it “engaged in anticompetitive practices in connection with its foreign exchange trading business”. EU enforcers typically lay out charges of illegal activities conducted by companies before imposing fines which can reach 10 percent of their global turnover.

        Linde says regulators likely to demand more divestitures in Praxair deal.  German industrial gases group Linde said it and U.S. rival Praxair may need to sell more assets than anticipated to secure antitrust approval for their planned $87 billion tie-up, which could scupper the deal. The planned combination in an all-shares merger, agreed in principle in December 2016, would create a global leader in gas distribution ahead of France’s Air Liquide.

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        Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

           






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