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Articles Posted in DOJ Antitrust Highlights

Justice Department Files Joint Status Report On Microsoft’s Compliance With The Final Judgments
Doyle, Barlow & Mazard PLLC

On June 19, the DOJ reached an agreement with Microsoft Corporation to resolve a complaint by Google regarding Microsoft’s desktop search function in Windows Vista. In a joint filing with the court, the DOJ, 17 state Attorneys General, and the District of Columbia said that the agreement, which aims to promote user choice, will resolve…

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Justice Department Reaches Agreement Requiring Divestitures in Merger of First Busey Corporation and Main Street Trust Inc.
Doyle, Barlow & Mazard PLLC

On June 12, the DOJ, First Busey Corporation, a financial holding company headquartered in Urbana, Illinois, with approximately $2.5 billion in assets, and Main Street Trust Inc., a financial holding company headquartered in Champaign, Illinois with about $1.6 billion in assets, entered into a settlement where the parties agreed to sell five branch offices with…

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Statement of the Department of Justice Antitrust Division on Its Decision to Close Its Investigation of Chicago Mercantile Exchange Holdings Inc.’s Acquisition of CBOT Holdings Inc.
Doyle, Barlow & Mazard PLLC

On June 11, the DOJ issued a statement after announcing the closing of the investigation of CBOT Holdings Inc. by Chicago Mercantile Exchange Holdings Inc. After an extensive investigation of both the Chicago Mercantile Exchange’s (“CME”) proposed acquisition of CBOT and the 2003 agreement under which CME provides clearing services to CBOT, the Antitrust Division…

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Justice Department Requires Divestitures in $1.5 Billion Merger of Monsanto and Delta & Pine Land
Doyle, Barlow & Mazard PLLC

On May 31, the Monsanto Company and Delta & Pine Land Company (“DPL”) were required to divest a significant seed company, multiple cottonseed lines, and other valuable assets in order to proceed with their $1.5 billion merger. Monsanto was also required to change certain license agreements as a condition for proceeding with its acquisition of…

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Justice Department Files Antitrust Lawsuit Against Daily Gazette Company and MediaNews Group
Doyle, Barlow & Mazard PLLC

On May 22, the DOJ filed a civil antitrust lawsuit that required the Daily Gazette Company and MediaNews to undo their transaction and restore the competition that existed before May 2004, alleging that the Daily Gazette Company violated the antitrust laws when it acquired the Daily Mail newspaper from MediaNews. Daily Gazette Company is a…

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Texas Hedge Fund Manager Will Pay Civil Penalty for Violating Antitrust Premerger Notification Requirements
Doyle, Barlow & Mazard PLLC

On May 21, Mr. James D. Dondero, a Texas hedge fund manager, entered a settlement with the DOJ where he agreed to pay $250,000 for alleged charges of violating premerger reporting requirements. According to the complaint, Mr. Dondero acquired stock of Motient Corp. (“Motient”), based in Reston, Virgina, where he served on the board of…

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Justice Department Settles Civil Contempt Claim Against Allied Waste Industries Inc.
Doyle, Barlow & Mazard PLLC

On May 8, the DOJ reached a settlement with Allied Waste Industries Inc., the second largest non-hazardous solid waste management company in the United States, with annual revenues of $6 billion. Allied agreed to pay $125,000 for its alleged violations of a 2000 consent decree entered in connection with Allied’s acquisition of Browning-Ferris Industries Inc.…

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U.S. Department of Justice and Federal Trade Commission Issue Report on Competition in the Real Estate Brokerage Industry
Doyle, Barlow & Mazard PLLC

On May 8, the DOJ and the FTC issued a joint report, “Competition in the Real Estate Brokerage Industry,” to inform consumers and others involved in the industry about important competition issues involving residential real estate, including the impact of the Internet, the competitive structure of the real estate brokerage industry, and obstacles to a…

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Statement of the Department of Justice Antitrust Division on its Decision to Close Its Investigation of Smithfield Inc.’sAcquisition of Premium Standard Farms Inc.
Doyle, Barlow & Mazard PLLC

On May 4, after an investigation, the Antitrust Division determined that Smithfield’s proposed acquisition of Premium Standard Farms was not likely to harm competition, consumers or farmers. The Division’s investigation of the merger of these pork packers and processors focused on fresh and processed pork, the purchase of hogs from farmers, and the purchase of…

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Department of Justice Files Amended Complaint in Antitrust Case Following Rinker Board of Directors’ Approval of Cemex Takeover Bid
Doyle, Barlow & Mazard PLLC

On May 2, the DOJ filed an amended complaint in U.S. District Court in Washington, D.C., naming Rinker Group Limited as a defendant in the DOJ antitrust lawsuit against Cemex S.A.B. de C.V because the Rinker Board of Directors approved Cemex’s cash tender offer for Rinker.Cemex and Rinker were required to preserve the assets to…

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