January 3, 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.

Russia’s Gazprom Files Proposals to EU Aimed at Ending Antitrust Case.  Russia’s Gazprom said it had filed proposals with the European Commission aimed at resolving a five-year EU case over the Russian gas giant’s alleged monopoly practices.  The Russian state gas exporter, which supplies a third of the EU’s gas, has been on the European Commission’s radar since 2012, culminating in charges last year that it overcharged customers in eastern and central Europe and blocked rivals.  Since then, Gazprom has offered concessions aimed at staving off a potential fine of up to 10 percent of its global turnover.

South Korean Antitrust Regulator Fines Qualcomm $865 Million.   South Korea’s antitrust regulator slapped a 1.03 trillion won ($865 million) fine on Qualcomm Inc. Wednesday for allegedly violating competition laws.  The Fair Trade Commission said that the San Diego, California-based company had engaged in unfair business practices in patent licensing and chip sales, including refusing to let rival chipmakers license patents essential for chip making.  The FTC said Qualcomm allegedly used its dominant position in the modem chip market to force handset makers to pay license fees for a broad set of patents under terms it set unilaterally and to coerce handset makers into signing licensing contracts.

Abbott Gets U.S. Antitrust Approval to Buy St. Jude Medical.  Healthcare company Abbott Laboratories has won U.S. antitrust approval for its proposed $25 billion acquisition of medical device maker St. Jude Medical Inc., the U.S. Federal Trade Commission said.  Abbott agreed to divest two medical devices used in cardiovascular procedures to resolve FTC concerns the acquisition would stifle competition, the commission said in a statement.  “We continue to work to obtain final regulatory approvals and anticipate closing before the end of the year or shortly thereafter,” Abbott spokeswoman Elissa Maurer said in an email.

FTC Seeks More Iinfo on Bass Pro-Cabela’s Deal.  U.S. fishing and hunting equipment retailer Cabela’s Inc., which is being bought by privately held rival Bass Pro Shops, said the Federal Trade Commission had sought more information from the companies about the deal.  As part of the proposed $5.5 billion deal, announced in October, Capital One Financial Corp. had said it would buy Cabela’s credit card business and signed a 10-year partnership with Bass Pro to issue credit cards to Cabela’s customers.  On Friday, Cabela’s said Capital One had informed the company that it does not expect to get approval for acquiring the credit card business, called World’s Foremost Bank, before Oct. 3, 2017, hence not allowing the deal to close in the first half of 2017.

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Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues, Uncategorized

    December 27, 2016

    The Antitrust Week In Review

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

    AMC wins U.S. antitrust approval to buy Carmike Cinemas with conditions. AMC Entertainment Holdings won U.S. antitrust approval with conditions to buy smaller competitor Carmike Cinemas Inc in a $1.2 billion deal that would create the biggest U.S. movie theater chain.  The U.S. Justice Department said it approved the deal on condition that AMC and Carmike divest theaters in 15 markets and take steps to ensure that National Cinemedia and Screenvision, the two companies that make and sell pre-show advertising entertainment, remain viable.  Kansas-based AMC, which is majority-owned by Chinese billionaire Wang Jianlin’s Dalian Wanda Group, has about 380 theaters, while Georgia-based Carmike has 276 theaters, according to their websites.

    American Airlines wins $15 million in antitrust case against Sabre. American Airlines Group Inc won about $15.3 million in an antitrust lawsuit that accused airline booking service Sabre Corp of harming competition and charging grossly inflated booking fees.  The Manhattan federal jury awarded nearly $5.1 million, a fraction of the up to $73 million American Airlines was seeking at trial.  But the sum automatically will be tripled under federal antitrust law.

    G.M.’s Venture in China Fined $29 Million Under Antimonopoly Law. General Motors’s main joint venture in China was fined $29 million on Friday on charges that it suppressed competition by enforcing minimum sales prices for dealers.  It is the latest in a string of penalties against non-Chinese auto brands under the country’s antimonopoly law.  Chinese regulators have punished companies in several industries, like milk and medical devices, under the 2008 law in what appears to be an effort to force down consumer prices.

    Rite Aid to sell 865 stores to Fred’s. Rite Aid Corp said it would sell 865 stores to Fred’s Inc for $950 million to satisfy antitrust concerns over its proposed takeover by Walgreens Boots Alliance Inc.  Rite Aid and Walgreens were widely expected to divest stores in states where the combined company would have a particularly strong position.  Walgreens has 13,200 stores, nearly 60 percent of which are in the United States, while Rite Aid has 4,570 stores in the United States.  Walgreens said in October 2015 it would buy smaller peer Rite Aid for $9.4 billion to widen its U.S. footprint.

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    Categories: Antitrust Enforcement, Antitrust Litigation, International Competition Issues

      December 19, 2016

      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 First Charges in Generic Drug Price-Fixing Probe.  The U.S. Department of Justice accused two former generic pharmaceutical executives on Wednesday of colluding with other generic manufacturers to fix prices, the first criminal charges stemming from a two-year investigation.  The executives, Jeffrey Glazer and Jason Malek, were charged in Philadelphia with conspiring to fix the prices of an antibiotic, doxycycline hyclate, and to split up the market for glyburide, a diabetes drug, the Justice Department said.  Their former employer, Heritage Pharmaceuticals, filed a lawsuit against them in August, saying in a complaint they were behind a “brazen theft” and “looted tens of millions of dollars from Heritage by misappropriating its business opportunities, fraudulently obtaining compensation for themselves, and embezzling its intellectual property.”

      20 States Accuse Generic Drug Companies of Price Fixing.  A wide-ranging investigation into generic drug prices took its most significant turn yet on Thursday, as state attorneys general accused two industry leaders, Teva Pharmaceuticals and Mylan, and four smaller companies of engaging in brazen price-fixing schemes — and promised that more charges were coming.  A civil complaint filed by 20 states accuses the companies of conspiring to artificially inflate prices on an antibiotic and a diabetes drug, with executives coordinating through informal industry gatherings and personal calls and text messages.  Officials said the case was a small example of broader problems in the drug business.

      Omnicom, Publicis get DoJ Subpoenas Over Video Production Practices.  Subsidiaries for advertising companies Omnicom Group and Publicis Groupe were subpoenaed by the U.S. Department of Justice, both companies said on Friday.  The Justice Department’s antitrust division has been investigating whether ad agencies had rigged bids to favor in-house production units.

      U.S. Seeks to Undercut Aetna CEO’s Defense in Merger Fight.  The U.S. Justice Department sought to knock down arguments by Aetna Inc.’s chief executive that Medicare Advantage competes with government insurance programs, making Aetna’s proposed merger with Humana legal under antitrust law.  The Justice Department initiated a lawsuit to stop the merger in July.  Judge John Bates of the U.S. District Court for the District of Columbia will likely allow the deal to go forward if he agrees with Aetna that traditional Medicare, managed by the government, competes with Medicare Advantage, run by insurers.

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      Categories: Antitrust Enforcement

        December 12, 2016

        The Antitrust Week In Review

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

        E.U. Fines Three Banks About $520 Million for Interest Rate Collusion.  European antitrust regulators on Wednesday fined Crédit Agricole, HSBC and JPMorgan Chase a total of just over 485 million euros for colluding to fix benchmark interest rates tied to the euro.  The penalties, equivalent to about $520 million, came more than two years after the European authorities issued a statement of objections — a formal step in antitrust investigations — against the three banks.  The inquiry began in 2011.

        On Antitrust, Trump Signals a Return to the Bush Years.  As self-styled populist Donald Trump prepares to take office, sector-shaping mergers in media and health care stand poised to remake huge swaths of the nation’s economy, prompting concern among Democrats and Republicans about how consumers may be affected.  Anthem is pursuing a $54 billion purchase of Cigna to create the nation’s largest health insurance company, Aetna is angling to acquire Humana for $37 billion, and AT&T hopes to complete an $85 billion deal to buy Time Warner – transactions that together would amount to 1 percent of U.S. gross domestic product.  Despite his populist rhetoric on the campaign trail, Trump’s appointments suggest he’ll pursue fewer protections for consumers.

        Aetna CEO Defends Merger with Humana in Antitrust Trial.  Aetna’s chief executive denied on Friday that Aetna’s withdrawal from some Obamacare exchanges was in retaliation for government efforts to halt its merger with Humana, as he sought to convince a federal judge to approve the deal.  The U.S. Justice Department sued to stop the $34 billion tie-up in July, saying that it and another insurance mega merger, Anthem’s planned purchase of Cigna, would mean higher prices and worse service for many consumers.

        Alaska Airlines Settles Lawsuit Against Virgin America Deal.  Alaska Airlines has removed its last major hurdle to buying Virgin America.  Alaska said Wednesday it agreed to settle a private antitrust lawsuit that threatened to hold up its $2.6 billion purchase of Virgin America.  The settlement came a day after the U.S. Justice Department approved the purchase, but only after Alaska agreed to scale back a partnership it has with American Airlines on some routes.

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

          November 21, 2016

          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. Supreme Court Allows ATM Fees Lawsuits to Proceed.  The U.S. Supreme Court on Thursday gave the green light to class action lawsuits by consumers accusing Visa Inc, Mastercard Inc. and several U.S. banks of conspiring to inflate the prices of ATM access fees in violation of antitrust law.  The justices dismissed two related cases they earlier had agreed to hear in which the companies had sought to overturn an August 2015 ruling by the U.S. Court of Appeals for the District of Columbia Circuit that had revived the three lawsuits.  In the order, the court said the cases were dismissed because the companies had changed their legal arguments after the justices agreed to hear the dispute.

          Microsoft Offers EU Concessions Over Its $26 Billion LinkedIn Bid.  Microsoft has offered concessions to EU antitrust regulators over its $26 billion bid for social network LinkedIn, the European Commission said on Wednesday, as the U.S. software company seeks to allay concerns over its largest ever deal.  The move came after the EU competition enforcer expressed concerns about the deal at a meeting with Microsoft executives last week.  The Commission is expected to seek feedback from rivals and customers before deciding whether to accept the concessions, demand more or open a full investigation.

          U.S. Tentatively Blocks American Airlines-Qantas Expansion.  Plans by American Airlines and Qantas Airways to expand their alliance for flights between the United States and Australasia were tentatively denied by the U.S. Transportation Department on Friday, the agency said, citing competition concerns.  The carriers submitted their application in June 2015, several months before American started flights between the United States and Australia.  The partners had been marketing flights on routes that the other did not offer, and requested immunity from U.S. antitrust law in order to coordinate prices and schedules.

          EU Regulators Readying Fines for HSBC, JPMorgan, Credit Agricole – Sources.  EU antitrust regulators are set to fine Europe’s biggest bank HSBC, JPMorgan and Credit Agricole by the end of the year for rigging financial benchmarks linked to the euro, two people familiar with the matter said on Tuesday.  Charges were levied in May 2014 against the three banks, which denied wrongdoing.  The European Commission could penalize HSBC, JPMorgan and Credit Agricole next month, the sources said.

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          Categories: Antitrust Enforcement, Antitrust Litigation

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