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Articles Posted in DOJ Antitrust Highlights

DOJ Settles With Unilever on Alberto Culver Acquisition
Doyle, Barlow & Mazard PLLC

On May 6, 2011, Unilever NV (“Unilever”) and the U.S. Department of Justice (“DOJ”) reached an agreement to settle antitrust concerns over its $3.7 billion acquisition of hair care company Alberto-Culver Co. (“Alberto”). The DOJ’s Antitrust Division filed a civil antitrust lawsuit in U.S. District Court in Washington, D.C. to block the proposed transaction between…

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DOJ Obtains Divesture in Stericycle Inc.’s Acquisition of Healthcare Waste Solutions
Doyle, Barlow & Mazard PLLC

On April 8, 2011, Stericycle Inc. (“Stericycle”) entered into a settlement agreement with Department of Justice (“DOJ”) allowing it to proceed with its acquisition of Healthcare Waste Solutions Inc. (“HWS”). The DOJ along with the attorney general of the state of New York filed an antitrust lawsuit to block the transaction and simultaneously filed a…

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DOJ Reaches Settlement with Dean Foods
Doyle, Barlow & Mazard PLLC

On March 29, 2011, Department of Justice (“DOJ”) reached a settlement with Dean Foods Company (“Dean”) that requires Dean to divest a significant milk processing plant in Waukesha, Wis., and related assets that it acquired from the Foremost Farms USA Cooperative, including the Golden Guernsey brand name. The DOJ’s Antitrust Division and state attorneys general…

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L.B. Foster Must Sell Plant to Buy Portec Rail Products
Doyle, Barlow & Mazard PLLC

On December 14, 2010, the U.S. Department of Justice announced a settlement with Pittsburgh-based L.B. Foster Co. to divest a West Virginia plant used in development, manufacture and sale of certain railroad joints to Koppers Inc., a wholly owned subsidiary of Koppers Holdings Inc., in order to proceed with Foster’s acquisition of Portec Rail Products…

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DOJ Disfavors MFNs
Doyle, Barlow & Mazard PLLC

On October 18, 2010, the U.S. Department of Justice (“DOJ”) and the Michigan Attorney General challenged Blue Cross Blue Shield (“BCBS”) of Michigan in a civil antitrust action. The complaint alleges that “most-favored nation” (“MFN”) clauses in BCBS contracts with Michigan hospitals raises health-care costs for Michigan residents and employers and excludes other insurers from…

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Antitrust Division Settles With Visa and MasterCard But Continues Lawsuit Against American Express
Doyle, Barlow & Mazard PLLC

On October 4, 2010, the Antitrust Division announced that it along with the states of Connecticut, Iowa, Maryland, Michigan, Missouri, Ohio, and Texas filed a civil antitrust lawsuit in U.S. District Court for the Eastern District of New York challenging rules that American Express, Master Card, and Visa have in place that prevent merchants from…

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FTC and DOJ Issue Merger Guidelines
Doyle, Barlow & Mazard PLLC

On August 19, 2010, the FTC and the DOJ issued the 2010 Horizontal Merger Guidelines, which are available on the FTC’s website at http://www.ftc.gov/os/2010/08/100819hmg.pdf. The five-step analytical process outlined in the 1992 Horizontal Merger Guidelines-market definition, competitive effects, entry, efficiencies, and failing firm defense-has been replaced with a more flexible approach to competitive effects analysis.…

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