The EC is investigating the planned paper industry acquisition by UPM-Kymmene Corporation of Myllykoski Corporation and Rhein Papier GmbH. The EC is concerned that the merger will restrain competition in the magazine paper market. The Commission now has 90 working days, until 19 July, 2011, to take a final decision.
Category Archives: Merger Review
Ninth Circuit Refuses to Stay Medical Lab Merger
May 12, 2011 – 1:48 pm
The Ninth Circuit has upheld a district court decision refusing the FTC’s request that the court stay, pending FTC administrative proceedings, the merger of Laboratory Corp. of America and Westcliff Medical Laboratories. The FTC alleged that the merger would enable two labs to control 89% of the capitated billing market. The court agreed with a dissenting FTC commission […]
DOJ Settles Antitrust Disgorgement Case
April 15, 2011 – 1:19 pm
Southern District of New York Judge William H. Pauley III approved a $12 million profit disgorgement antitrust settlement between KeySpan Corp. and the U.S. Department of Justice. The DOJ alleged that KeySpan kept electricity prices artificially high in New York City by obtaining a financial stake in one of its competitors. Its financial stake in […]
FCC Passes Comcast-NBC Merger With Conditions
January 26, 2011 – 4:49 pm
The FCC voted 4-1 to pass the Comcast-NBCU merger while imposing requirements that Comcast-NBCU provide its programming to bona-fide online distributors. Comcast-NBCU is also disallowed from discriminating based on relationships with Comcast-NBCU. In addition, Comcast-NBCU is required both to reduce the price of its broadband services for low-income citizens and include more diverse programs for […]
Antitrust Suit Threatens Avis Budget-Dollar Thrifty Merger
January 17, 2011 – 12:18 am
Franchisees of the Dollar-Thrifty Motor Group filed an antitrust complaint filed in the Western District of Washington, alleging that the merger would violate the Clayton Act by substantially lessening competition in the car rental market. The plaintiff’s specifically claim that if Avis acquires Dollar-Thrifty then there would be an increase of market concentration in U.S. […]
DOJ Signs Off on United-Continental Merger
August 31, 2010 – 3:06 pm
The Antitrust Division agreed not to challenge the United-Continental merger when the merging airlines agreed to lease 18 pairs of takeoff and landing slots at Newark Liberty International Airport to discount carrier Southwest Airlines. Aside from the concern about barrier to entry into Newark, which were alleviated by the leasing agreement, the Antitrust Division took […]
New Merger Guidelines Released
August 19, 2010 – 3:30 pm
The United States Department of Justice, Antitrust Division, and the Federal Trade Commission have released new merger guidelines explaining how the enforcement agencies review horizontal mergers. The merger guidelines have existed in various forms since 1968. The last major revision was in the mid-1990s. The agencies announced last fall that they were planning to revise the […]
DOJ Attack on Milk Processing Plant Merger to Move Forward
August 18, 2010 – 1:18 pm
E.D. Wisconsin Judge J.P. Stadtmueller held that the Department of Justice’s complaint seeking to undo a consumated merger between milk processing plants adequately stated a claim despite less than precise allegations of the relevant geographic market. The court nevertheless expressed disappointment with the lack of specificity in the complaint.
Private Challenge to Nestle Acquisition Dismissed
July 26, 2010 – 3:36 pm
Judge Savador Casellas, District of Puerto Rico, dismissed a challenge to Nestle’s acquisition of an ice cream distributor in Puerto Rico on the ground that because ice cream sales increased while prices remanded stable the plaintiff could not demonstrate antitrust injury.