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Articles Posted in FTC Antitrust Highlights

Rivals Are Publicly Sounding Off Against Big Tech
Doyle, Barlow & Mazard PLLC

On January, 17, 2020, smaller rivals such as PopSockets, Basecamp, Sonos, and Tile testified to the the House antitrust subcommittee about how they have been bullied by big tech giants such as Google, Apple, Facebook, and Amazon and called for swift action. According to the New York Times, the smaller rivals, which have largely been…

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Can Deals That Do Not Trigger an HSR Filing Raise Antitrust Concerns? Yes, Buyer and Sellers Beware!
Doyle, Barlow & Mazard PLLC

The federal antitrust agencies continue their emphasis on investigating, challenging, and unwinding consummated transactions that are not reportable under the Hart Scott Rodino (“HSR”) Act. Most recently, on November 6, 2019, the Federal Trade Commission (“FTC”) issued an Opinion and Final Order in which the Commission upheld the Administrative Law Judge’s (“ALJ”) decision that Otto…

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Coalition of Unions and Consumer Groups Oppose AbbVie/Allergan Merger Based on Use of Rebate Walls
Doyle, Barlow & Mazard PLLC

On September 12, 2019, a coalition of unions, consumer groups, and public interest organizations filed a letter with the U.S. Federal Trade Commission (“FTC”) opposing AbbVie Inc.’s (“AbbVie”) acquisition of Allergan plc (“Allergan”). Coalition Opposing the Merger The coalition includes Families USA, Public Citizen, U.S. PIRG Education Fund, Service Employees International Union, American Federation of…

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Playing Politics with Antitrust Enforcement of Big Tech Firms Carries Significant Risk
Doyle, Barlow & Mazard PLLC

Commentators all over the spectrum have recognized antitrust is increasingly becoming a game of political football. The notion that antitrust enforcement is motivated by politics has hung over the Trump administration since the Department of Justice’s failed attempt to block AT&T’s acquisition of CNN’s owner, Time Warner and some antitrust experts might point out that…

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States Join in the Antitrust Assault on Big Tech
Doyle, Barlow & Mazard PLLC

On August 20, 2019, it was reported that the states are set to join forces to investigate Big Tech. On the same day, Assistant Attorney General Makan Delrahim of the Antitrust Division of the U.S. Department of Justice (“DOJ”) said the DOJ is working with a group of more than a dozen state attorneys general…

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FTC Sues to Block Chemical Merger
Doyle, Barlow & Mazard PLLC

On August 2, 2019, the FTC authorized an enforcement action to challenge Evonik Industries AG’s (“Evonik”) proposed $625 million acquisition of PeroxyChem Holding Company (“PeroxyChem”). Complaint The FTC is alleging the merger of the chemical companies would substantially reduce competition in the Pacific Northwest and the Southern and Central United States for the production and…

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Democrats Aim to Strengthen Antitrust Enforcement
Doyle, Barlow & Mazard PLLC

Senate Democrats Aim at Strengthening Antitrust Enforcement On Friday, February 1, Senator Amy Klobuchar re-introduced two bills aimed at strengthening antitrust enforcement. The co-sponsors include Senators Ed Markey (Dem-Massachusetts), Richard Blumenthal (Dem-Connecticut), Dick Durbin (Dem-Illinois) and Corey Booker (Dem-New Jersey). The Consolidation Prevention and Competition Promotion Act of 2019 would, among many other things, include…

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Members of Congress Want an Antitrust Investigation into Bristol-Myers Squibb’s Acquisition of Celgene
Doyle, Barlow & Mazard PLLC

On January 11, 2019, Congressman Peter Welch and Francis Rooney, members of Congress, wrote a letter to the Federal Trade Commission (“FTC”), urging the Commission to investigate Bristol-Myers Squibb’s (“BMS”) acquisition of Celgene. The letter asks the FTC to examine how the transaction may harm competition with respect to horizontal overlaps and even complementary drugs. …

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Government Shutdown Will Impact Antitrust Reviews
Doyle, Barlow & Mazard PLLC

The government shutdown is likely to delay FTC merger reviews, but the Department of Justice’s (“DOJ”) Second Request investigations will likely proceed as they normally do albeit with less staff.  Although the FTC’s Premerger Notification Office (PNO) and the DOJ’s Premerger Office remain open during regular hours to receive HSR filings, the FTC PNO will…

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Trump’s FTC Temporarily Blocks Tronox’s Acquisition of Cristal in Federal Court
Doyle, Barlow & Mazard PLLC

On September 5, 2018, Judge Trevor N. McFadden of the United States District Court for the District of Columbia granted the Federal Trade Commission’s request for a preliminary injunction preventing Tronox Ltd. (“Tronox”) from completing its proposed $2.4 billion acquisition of National Titanium Dioxide Company Ltd. (“Cristal”) until after a final ruling in the FTC’s…

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