The Federal Trade Commission announced that it has increased the threshold for reporting proposed mergers and acquisitions subject to enforcement under Section 7A of the Clayton Act to $75.9 million. The new thresholds will take effect 30 days after they are officially published in the Federal Register. In November, the FTC approved a $1.2 billion […]
Category Archives: Merger Review
Court Approves AMR – US Airways Merger
December 19, 2013 – 2:25 pm
In Carolyn Fjord et al. v. AMR Corp. et al., Southern District of New York Judge Loretta A. Preska affirmed a bankruptcy judge’s decision to allow a merger between American Airlines and U.S. Airways to move forward. In their suit, a group of customers claimed that the merger would drive prices up and service down […]
House Subcommittee Questions FTC Over Its Approval of $29.1 Billion Pharmacy Merger
December 6, 2013 – 2:36 pm
Under questioning from the House Commerce, Manufacturing and Trade subcommittee, Federal Trade Commission chairwoman Edith Ramirez defended the FTC’s decision to approve the $29.1 billion merger of Express Scripts Inc. and Medco Health Solutions Inc. In April 2012, FTC approved the merger, despite concerns that the tie-up would harm competition. Responding to concerns from the […]
Airlines Agree to Divest Assets To Settle DOJ Merger Suit
November 13, 2013 – 6:17 pm
In U.S. v. U.S. Airways Group Inc. et al., in order to settle the U.S. Department of Justice’s antitrust suit attempting to block the merger between U.S. Airways Group Inc. and American Airlines, the airlines have agreed to divest a number of departure gates and 138 takeoff and landing slots at seven key airports. Under […]
Court Dismisses Antitrust Suit Over Beer Brewery Merger Deal
September 20, 2013 – 2:24 pm
In Edstrom et al. v. Anheuser-Busch InBev SA/NV, Northern District of California Judge Maxine Chesney dismissed a group of consumers’ antitrust suit against Anheuser-Busch InBev over its $20.1 billion acquisition of Grupo Modelo. In June 2012, Anheuser-Busch announced plans to acquire Modelo. The DOJ sued to block the deal, in fear that removing Modelo from […]
Antitrust Regulators Sue to Block $11 Billion Airline Merger
August 21, 2013 – 12:45 pm
U.S. Department of Justice, and attorneys general for six states and the District of Columbia sued to block the $11 billion merger of U.S. Airways and American Airlines, potentially disrupting a deal that shareholders, creditors, and European officials have already approved. The DOJ and the attorneys general claim the merger would create the world’s largest […]
FTC Moves to Block $2.8B Casino Deal
June 19, 2013 – 2:19 pm
In In the Matter of Pinnacle Entertainment Inc. and Ameristar Casinos Inc., the Federal Trade Commission moved to block Pinnacle Entertainment Inc. from buying Ameristar Casinos Inc. for $2.8 billion. In the proposed transaction, Pinnacle was to acquire Ameristar’s portfolio of eight casino resort properties. The Commission moved to block the deal because it was […]
FTC Gets Another Chance to Challenge $195 Million Hospital Merger
May 13, 2013 – 3:39 pm
In Federal Trade Commission v. Phoebe Putney Health Systems inc. et al., the Eleventh Circuit granted Federal Trade Commission’s motion to remand its challenge of Phoebe Putney Health System Inc.’s $195 million acquisition of a nearby rival, back to the district court, to decide whether to stop the hospitals from further integrating their operations. In […]
AAI Supports Notice of Patent Transfers
March 19, 2013 – 1:19 pm
The American Antitrust Institute has joined those urging the U.S. Patent and Trademark Office to require companies transferring patents to make a public filing providing notice of the transaction. In November, the USPTO concluded that “[a]n incomplete ownership record . . . presents a significant barrier to competition and market efficiency.” The AAI concurred in […]
Drug Industry Opposes FTC Proposal to Expand the Reportability of Patent Licensing Deals
December 9, 2012 – 11:44 am
The Federal Trade Commission is coming under fire by pharmaceutical groups for proposing to expand its review of exclusive pharmaceutical patent rights licenses. Under the proposed change, a drug patent holder would need to report a license to the FTC under the Hart-Scott-Rodino (HSR) Act if the patent owner transfers the exclusive marketing and sales […]