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On October 30, 2014, the Antitrust Division filed a complaint along with a proposed settlement agreement that allows Media General Inc.’s acquisition of LIN Media, LLC for $1.5 billion to be consummated, as long as the parties divest certain broadcast stations. Background Media General’s local broadcast stations and LIN’s stations in various designated marketing areas…

On October 2, 2014, the Department of Justice’s Antitrust Division announced through a business review letter CyperPoint International, LLC’s cyber intelligence data-sharing platform known as TruSTAR, as proposed, does not raise antitrust concerns that would warrant a challenge. Background Earlier this year, the DOJ and the Federal Trade Commission issued a joint policy statement recognizing that…

On September 8, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania alleging that several major pharmaceutical companies with entering into an anticompetitive agreement that effectively blocks U.S. consumers’ access to lower-cost versions of the blockbuster drug AndroGel. Background on Reverse Payment The agreement…

On September 5, 2014, the Federal Trade Commission (“FTC”) announced that it is retracting the proposed settlement agreement with Phoebe Putney Health System, Inc (“Phoebe”), for the extended antitrust litigation regarding its acquisition of its rival Palmyra Park Hospital (“Palmyra”) in Albany, Georgia. The FTC decided to retract its initial proposed settlement, which included no…

Berkshire Hathaway Agrees to Pay $896,000 Maximum Civil Penalty for HSR Violation On August 20, 2014, the Federal Trade Commission (“FTC”) announced that Berkshire Hathaway Inc. (“Berkshire”) agreed to pay a civil penalty of $896,000, the maximum civil penalty that could have been imposed, for its alleged violation of the premerger notification and filing requirements…

On May 6, 2014, a gasoline price-fixing lawsuit brought by District of Columbia Attorney General Irving Nathan was thrown out of court by Judge Craig Iscoe, ruling the District of Columbia has no grounds to bring such an action. The District of Columbia’s lawsuit challenged the exclusive dealing contracts (the so-called “jobbers”) that gas stations…

On May 20, 2014, the Department of Justice (“DOJ”) announced that it will require Ardent Mills, a proposed merger of the wheat milling operations of the companies ConAgra, Cargill, and CHS, to divest four competitively significant mills to an upfront buyer before clearing the deal for approval. These four mills are located in regions encompassing…

On May 30, 2014, the federal district court of the District of Columbia, Judge Beryl Howell upheld the Federal Trade Commission’s (“FTC”) newly adopted HSR rule governing reporting of transfers of certain exclusive patent rights in the pharmaceutical industry. The rule was adopted in November of 2013.  The Pharmaceutical Research and Manufacturers of America (“PhRMA”) trade…

On May 30, 2014, Judge Beryl Howell of the federal district court of the District of Columbia upheld the Federal Trade Commission’s (“FTC”) newly adopted HSR rule governing reporting of transfers of certain exclusive patent rights in the pharmaceutical industry. The rule was adopted in November of 2013.  The Pharmaceutical Research and Manufacturers of America…

On May 30, 2014, the Federal Trade Commission (“FTC”) approved the merger between Men’s Wearhouse and Jos. A. Bank, the two largest men’s wear companies without any conditions. On January 28, 2014, the FTC issued a second to request to review the transaction.  After approximately four months, the FTC determined that ample competition existed in…