Articles Posted in DOJ Antitrust Highlights

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…

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…

On April 18, the DOJ reached a settlement with Chicago-based Amsted Industries Incorporated in order to remedy harm to competition arising from its December 2005 acquisition of FM Industries (“FMI”). Before the acquisition could be approved Amstead had to divest certain assets. FMI formerly was a wholly owned subsidiary of Progress Rail Services Holding Corporation.…

On April 17, Thomas O. Barnett, Assistant Attorney General for the Department of Justice’s Antitrust Division, announced that Deborah A. Garza will serve as the Deputy Assistant Attorney General for Regulatory Matters. Ms. Garza will oversee transportation, energy, agriculture, telecommunications and other regulatory matters for the Division. Most recently, Ms. Garza chaired the Antitrust Modernization…

On April 17, the DOJ and the FTC issued a joint report, “Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition,” to inform consumers, businesses, and intellectual property rights holders about the agencies’ competition views with respect to a wide range of activities involving intellectual property.The report discusses issues including: refusals to license patents,…

On April 4, the DOJ announced that it reached a settlement that will require Mexico-based Cemex S.A.B. de C.V. to divest 39 ready mix concrete, concrete block, and aggregate facilities in Arizona and Florida in the event Cemex succeeds in its hostile takeover of Australia-based Rinker Group. The DOJ said that without the divestitures the…

On March 13, the DOJ announced that a federal grand jury in Denver indicted B&H Maintenance & Construction Inc. (“B&H”) a Eunice, New Mexico based construction company and two of its executives, Jon Paul Smith, vice president and regional manager; and Landon R. Martin, manager of marketing and business development, for participating in a bid-rigging…

On February 21, Robert Taylor, the former president of a Clearbrook, Virginia marine products company agreed to plead guilty for his participation in two separate conspiracies to rig bids and allocate customers with respect to marine products purchased by the U.S. Navy, the U.S. Coast Guard, and other public and private entities. Mr. Taylor was…

On February 20, the DOJ announced Mittal Steel Company N.V. must divest its Sparrows Point facility, located near Baltimore, Maryland to remedy the competitive harm arising from Mittal’s $33 billion acquisition of Arcelor S.A. On Aug. 1, 2006, the Antitrust Division entered into a settlement agreement with Mittal and Arcerlor that provided for various options…

The FCC finally approved AT&T Inc.’s (“AT&T) merger with BellSouth Corp. (“BellSouth”) late on December 29, with the telephone companies agreeing to several conditions, including a controversial network neutrality provision aimed at protecting Web players such as Microsoft and Google. AT&T was eager to close the $80 billion-plus deal for several months. FCC approval was…