Articles Posted in FTC Antitrust Highlights

On October 31, 2012, the FTC issued a press release announcing its consent agreement that allowed Corning to acquire Beckton Dickinson’s Discover Labware Division in what the FTC alleges is a highly concentrated market.FTC Allegations From the FTC’s allegations and description of the relevant market, it appears to be an acquisition that reduces competition from…

On November 7, 2012, the FTC voted 5-0 to close its investigation of Hilcorp’s proposed acquisition of Marathon’s Cook Inlet, an Alaskan provider of natural gas without taking any action.While initial concerns were raised about the anticompetitive implications of a merger between two of the three main natural gas providers in Alaska, which combined account…

On October 12, 2012, the FTC voted 5-0 to approve a consent order resolving competitive concerns related to Magnesium Elektron’s acquisition of Revere Graphics.In September 2007, Magnesium Elektron acquired the assets of Revere Graphics for $15 million. Magnesium Elektron and Revere Graphics produce magnesium plates for photoengraving. The FTC was concerned the proposed merger would…

On October 5, 2012, the FTC announced that it entered into a consent agreement requiring the divestiture of an acute inpatient psychiatric hospital in the El Paso, Texas/Santa Teresa, New Mexico area to resolve antitrust concerns arising from Universal Health Services, Inc.’s (“UNH”) proposed acquisition of Ascend Health Corporation (“Ascend”). Background On June 3, 2012,…

On September 25, 2012, the Federal Trade Commission (“FTC”) announced that Biglari Holdings, Inc., which owns Steak ‘n Shake and Western Sizzlin restaurant chains, agreed to pay $850,000 in civil penalties to resolve allegations that it failed to make a premerger notification filing in connection with its acquisition of 8.7% of the outstanding voting securities…

At Georgetown Law’s 6th Annual Global Antitrust Enforcement Symposium on September 19, 2012, FTC Chairman Jon Leibowitz raised critical concerns about the recent anti-competitive practices of firms regarding the use of technology and IP patents.In particular, he denounced the growing use of International Trade Commission (“ITC”) exclusion orders as a threat by patent holders to…

On August 22, 2012, the FTC commissioners voted 5-0 to close its investigation of Facebook’s acquisition of Instagram without any action.Background In April of 2012, Facebook, an internet social media platform, announced it would acquire Instagram, the developer of a photo-sharing application and a company with no revenues.The FTC issued a second request to scrutinize…

On August 6, 2012, the FTC settled a case against Renown Health, the largest provider of acute medical care in northern Nevada, related to allegations that Renown Health reduced competition in the adult cardiology market in Reno, Nevada through two allegedly anticompetitive acquisitions and the use of anticompetitive non-compete clauses.Competitive Problem Through Renown Health’s acquisitions…

On July 31, 2012, the Federal Trade Commission (Commission) issued a statement withdrawing the Commission’s nine-year-old Policy Statement on Monetary Equitable Remedies in Competition Cases (Policy Statement). The statement’s withdrawal was approved on a 4-1 split vote, with Commissioner Maureen K. Ohlhausen casting the lone no vote and issuing a dissenting opinion.The 2003 Policy Statement…

On July 16th, the Third Circuit Court of Appeals ruled that pharmaceutical “pay-for-delay” settlements whereby cash is paid from a patent holding company to a generic manufacturer that agrees not to enter a market as prima facie evidence of an antitrust violation. The Third Circuit rejects the more lenient standard adopted by the other Circuit…