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Articles Posted in DOJ Antitrust Highlights

DOJ REQUIRED DIVESTITURES IN PNC’S ACQUISTION OF NATIONAL CITY
Doyle, Barlow & Mazard PLLC

On December 11, 2008, the Department of Justice (“DOJ”) required The PNC Financial Services Group (“PNC”) to sell 61 of National City Corporation’s (“National City”) branches totaling approximately $4.1 billion in deposits for PNC’s acquisition of National City to proceed.Fifty of the branches ($3.35 billion in deposits) are located in Allegheny County (PA), six ($249…

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ANOTHER INDIVIDUAL PLEADS GUILTY IN DEFRAUDING FCC E-RATE PROGRAM
Doyle, Barlow & Mazard PLLC

On December 11, 2008, Cynthia K. Ayer, Bambarg County (South Carolina) School District’s former technology coordinator, pled guilty for her role in a conspiracy to defraud the Federal Communication Commission’s E-Rate Program and agreed to serve two years in jail and pay a criminal fine of $468,496.The Telecommunication Act of 1996 authorized the E-Rate Program…

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NINTH INDIVIDUAL PLEADS GUILTY TO RIGGING BIDS AND VIOLATING THE FCPA IN DOJ’S ONGOING INVESTIGATIO IN MARINE HOSE INDUSTRY
Doyle, Barlow & Mazard PLLC

On December 10, 2008, Misao Hioki, general manager of International Engineered Products, pled guilty to his role in a conspiracy to rig bids, fix prices and allocate market shares of marine hose in the United States. He also pled guilty for his role in another conspiracy to violate the Foreign Corrupt Practices Act (“FCPA”) by…

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NEW JERSEY MAN CHARGED WITH RACKETEERING, PRICE FIXING, BID RIGGING AND CONTRACT ALLOCATION
Doyle, Barlow & Mazard PLLC

On December 10, 2008, Randall Lee Rahal, the owner and president of Intramark USA Inc., a New Jersey wholesaler of food ingredients, was charged for his role in conspiracies involving racketeering, price fixing, bid rigging and contract allocation, and with money laundering, in the processed tomato products industry. Mr. Rahal agreed to forfeit $600,000 as…

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DOJ REQUIRES DIVESTURE IN REPUBLIC’S ACQUISTION OF ALLIED WASTE
Doyle, Barlow & Mazard PLLC

On December 3, 2008, the Department of Justice (“DOJ”) required Republic Services Inc. (“Republic”) and Allied Waste Industries Inc. (“Allied”) to divest to divest 87 commercial waste collection routes, nine landfills and 10 transfer stations for Republic’s $4.5 billion acquisition of Allied to proceed. The transaction as originally proposed would result in reduced competition and…

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UK MARINE HOSE CARTEL EXECUTIVES RECEIVE REDUCED SENTENCES
Doyle, Barlow & Mazard PLLC

On December 2, 2008, Peter Whittle, David Brammar and Bryan Allison all received reductions in their sentences to 3 months, 2 years, and 20 months respectively from the UK Court of Appeal.On June 11, 2008, the three men pled guilty for running a cartel in UK’s first criminal prosecution for bid rigging. Mr. Allison and…

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DUNLOP CHARGED WITH BID RIGGING, FIXING PRICES, AND MARKET ALLOCUTION IN MARINE HOSE INDUSTRY
Doyle, Barlow & Mazard PLLC

On December 1, 2008, Dunlop Oil & Marine Ltd (“Dunlop”), located in Grimsby, England, pled guilty to rigging bids, fixing prices and allocating market shares of marine hose sold in the United States. Dunlop also agreed to pay a $4.54 million criminal fine and cooperate with the DOJ’s ongoing antitrust investigation.Marine hose is a flexible…

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ASSISTANT ATTORNEY GENERAL THOMAS, BARNETT OF THE DEPARTMENT OF JUSTICE’S ANTITRUST DIVISION RESIGNS
Doyle, Barlow & Mazard PLLC

On November 19, 2008, Assistant Attorney General Thomas, Barnett of the Department of Justice’s Antitrust Division resigned. Under Mr. Barnett, the Antitrust Division acquired $1.8 billion in criminal fines against 50 corporations and 91 individuals. The Division was also responsible for 34 cases in which it filed to either block a transaction due to anticompetitive…

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CALIFORNIA EXECUTIVE PLEADS GUILTY TO CONSPIRE TO RIG BIDS FOR CONTRACTS TO SELL MARINE PRODUCTS
Doyle, Barlow & Mazard PLLC

One November 17, 2008, Andrew Barmakian, the former president of a California-based marine products company, pled guilty and agreed to serve a sentence and pay a criminal fine for his role in a conspiracy to rig bids for contracts for marine products purchased by the U.S. Navy, the U.S. Coast Guard, and other private companies.Mr.…

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DOJ REQUIRES DIVESTITURE IN INBEV’S $52 BILLION ACQUISITION OF ANHEUSER-BUSCH
Doyle, Barlow & Mazard PLLC

On November 14, 2008, the Department of Justice (“DOJ”) required Inbev N.V./S.A. (“Inbev”) to divest its subsidiary Labatt USA (“Labatt”) in order for Inbev’s $52 billion acquisition of Anheuser-Busch Companies Inc (“Anheuser-Busch”) to proceed. Along with the divestiture, Inbev must sell its license to brew, market, promote, and sell the Labatt brand of beer for…

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