Articles Posted in DOJ Antitrust Highlights

On May 12, the DOJ told the U.S. District Court for the District of Columbia that it is necessary to extend the term of certain portions of the Microsoft final judgment by at least two years. The DOJ said that an extension is necessary due to Microsoft’s difficulty in improving the technical documentation it provides…

On May 11, the DOJ cleared KLA-Tencor Corp.’s acquisition of ADE Corp. KLA supplies integrated circuit manufacturers with equipment to manage their chip wafer fabrication process while ADE makes technology to detect defects in semiconductor wafers and computer disks. The deal was announced shortly after KLA announced it abandoned plans to buy August Technology Corp.

On May 9, Coherent Inc. announced that it received antitrust approval from the Antitrust Division to buy Excel Technology Inc. Coherent indicated that it received a second request on March 27th from Antitrust Division in connection with its antitrust investigation. Andre Barlow

On May 2, AT&T Inc. (“AT&T”) and BellSouth Corp. (“BellSouth”) confirmed that the DOJ had issued a second request with respect to AT&T’s nearly $90 billion acquisition of BellSouth. This transaction will make AT&T the dominant phone carrier in 22 states and comes on the heels of two other large telecom deals and amid growing…

On April 27, the DOJ announced Hughey Inc., which does business as Carmel Concrete Products (“Carmel”), and its president, Scott D. Hughey agreed to plead guilty and pay criminal fines for fixing the price of ready mixed concrete in the Indianapolis metropolitan area. Under the plea agreement, which must be approved by the court, Carmel…

On April 14, the Justice Department’s Antitrust Division (“Antitrust Division”) announced a $1.8 million civil settlement against merger partners Qualcomm and Flarion Technologies alleging “gun-jumping” violations of the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (“HSR Act”). The action underscores the Antitrust Division’s resolve to vigorously scrutinize the conduct of merging parties prior to consummation of…

On March 5, AT&T announced its intention to merge with Bellsouth. While the Antitrust Division is conducting its investigation of the proposed merger, very little with regards to conditions or divestitures are expected because there is little overlap between the companies’ two networks. One area of concern is the area of wholesale dedicated access and…

On December 20, 2005, the Department of Justice’s (“DOJ”) Antitrust Division entered into a settlement agreement with UnitedHealth to resolve the DOJ’s antitrust concerns related to UnitedHealth’s acquisition of PacifiCare.  The settlement agreement covered three geographic markets:  Tucson, Arizona; Boulder, Colorado; and California. Tucson, Arizona The DOJ was concerned that UnitedHealth and PacifiCare were among…