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Articles Posted in FTC Antitrust Highlights

Upfront Buyer and No Upfront Buyer Required in Linde/BOC
Doyle, Barlow & Mazard PLLC

On July 18, the FTC announced that it reached a settlement that would allow Linde AG’s acquisition of the BOC Group to proceed. As is typical in merger reviews, the FTC staff focused on specific product overlaps to determine what assets needed to be divested to resolve the antitrust concerns. The Commission approved the merger…

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Competitors, Regulators, and Law Enforcement Officials Seek Halt Sale of Verizon’s Puerto Rico Telecom Assets
Doyle, Barlow & Mazard PLLC

Also on July 14, several parties asked the FCC to deny license transfers related to the proposed sale of Verizon Communications, Inc.’s (“Verizon”) Puerto Rico telecom assets – including the incumbent local exchange carrier and its second largest wireless service operator – to America Movil S.A. de C.V. (“American Movil”). Competitors are concerned that the…

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Federal Trade Commission/Department of Justice Hearings
Doyle, Barlow & Mazard PLLC

On July 10, the Federal Trade Commission and the Department of Justice’s Antitrust Division announced that the third in a series of planned joint public hearings designed to examine the antitrust implications of single-firm conduct under the antitrust laws will take place on July 18, 2006, in Washington, DC. As previously announced, these public hearings…

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FTC Continues to Challenge Consummated Mergers
Doyle, Barlow & Mazard PLLC

On July 7, the Federal Trade Commission (“FTC”) challenged Hologic Inc.’s 2005 purchase of Fischer Imaging Corporation’s breast cancer screening and diagnosis business. Hologic closed its $32 million transaction without reporting it to the FTC because Hologic’s acquisition of Fischer’s assets was not reportable under the Hart-Scott-Rodino Premerger Notification Act (“HSR Act”), as it was…

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FTC Challenges Hologic/Fischer Imaging Deal
Doyle, Barlow & Mazard PLLC

On July 7, the Federal Trade Commission announced its decision to challenge Hologic Inc.’s 2005 purchase of the breast cancer screening and diagnosis business of Fischer Imaging Corporation. In its complaint, the FTC alleged that Hologic’s acquisition of Fischer’s prone stereotactic breast biopsy systems (“SBBSs”) business harmed American consumers by eliminating its only significant competitor…

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FTC/DOJ File Joint Comments with NY State Assembly on the Unauthorized Practice of Law
Doyle, Barlow & Mazard PLLC

On June 27, the Commission authorized the filing of comments, prepared jointly with the U.S. Department of Justice’s Antitrust Division, with the New York State Assembly Committee on the Judiciary regarding proposed legislation to expand the scope of activities constituting the unauthorized practice of law.In the comments, the FTC and DOJ address Assembly Bill A05596,…

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Supreme Court Rejects FTC’s Petition to Overturn Schering-Plough Decision Relating to Reverse Payments to Generics
Doyle, Barlow & Mazard PLLC

On June 26, the United States Supreme Court declined to hear the Federal Trade Commission’s (“FTC”) appeal of the Eleventh Circuit’s decision that Schering-Plough Corp. (“Schering”) legally paid two generic drug competitors to stay out of the market as part of a settlement to patent litigation. In the past, the FTC has taken a consistently…

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FTC Issues Statement on Whois Databases
Doyle, Barlow & Mazard PLLC

The Federal Trade Commission today told a meeting of the Internet Corporation for Assigned Names and Numbers that access to the Whois databases is “critical to the agency’s consumer protection laws, to other law enforcement agencies around the world, and to consumers.” Whois databases are online information directories that contain contact information about website operators.…

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FTC/DOJ Allow Electronic Submission of Premerger Notification Filings
Doyle, Barlow & Mazard PLLC

On June 20, the Federal Trade Commission and the Department of Justice’s Antitrust Division announced that they are implementing an electronic filing system that allows merging parties to submit via the Internet premerger notification filings required by the Hart-Scott-Rodino Act. Electronic filings may be submitted quickly and easily, eliminating the time and expense entailed in…

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