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Articles Posted in Merger Highlights

FTC Resolves Vertical Competition Concerns with Behavioral Conditions
Doyle, Barlow & Mazard PLLC

On June 5, 2018, the Federal Trade Commission (“FTC”) announced that Northrop Grumman’s (“Northrop”) $7.8 billion acquisition of aerospace and defense contractor Orbital ATK, a vertical merger that combined a supplier with its customer, could proceed so long as the Northrop agreed to certain behavioral remedies. According to the complaint, Northrop is one of four…

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The Antitrust Division is Not Opposed to All Vertical Mergers
Doyle, Barlow & Mazard PLLC

On June 7, 2018, the DOJ’s Makan Delrahim sought to reassure investors that worries that regulators would crack down on proposed vertical combinations were over-blown.  “I understand that some journalists and observers have recently expressed concern that the Antitrust Division no longer believes that vertical mergers can be efficient and beneficial to competition and consumers,”…

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The DOJ Approves Bayer’s Acquisition of Monsanto With the Largest U.S. Antitrust Asset Divestiture Ever
Doyle, Barlow & Mazard PLLC

On May 29, 2018, the DOJ approved Bayer’s acquisition of Monsanto with a $9 billion asset divestiture. Background In September 2016, Bayer agreed to acquire Monsanto.  Bayer and Monsanto overlapped in the research, development, and marketing of seeds, crop protection chemicals, and related agricultural products.  The principal areas of competitive concern related to the seeds…

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DOJ Catches Another Big Fish (Tuna)
Doyle, Barlow & Mazard PLLC

More Fallout From The Ill-Advised Tuna Merger On May 16, 2018, the Department of Justice (“DOJ”) announced that a federal grand jury returned an indictment against Christopher Lischewski, the President and CEO of Bumble Bee Foods LLC (“Bumble Bee”), for participating in a conspiracy to fix prices for packaged seafood sold in the United States.…

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FTC Provides Guidance on How to Resolve Future Competition Concerns in Generic Pharmaceutical Deals
Doyle, Barlow & Mazard PLLC

On April 27, 2018, the FTC announced that Amneal Pharmaceuticals LLC (“Amneal”) may complete its acquisition of an equity share in Impax Laboratories Inc. (“Impax”) so long as Impax divests its rights and assets for ten products to three separate companies. The FTC concluded that the proposed acquisition would have reduced competition in three markets…

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DOJ Forces Martin Marietta to Divest Quarries
Doyle, Barlow & Mazard PLLC

On April 25, 2018, the DOJ announced that it will require Martin Marietta Materials, Inc. (“Martin Marietta”) to divest quarries in Georgia and Maryland in order to proceed with its proposed $1.625 billion acquisition of Bluegrass Materials Company, LLC (“Bluegrass”) from LG Panadero, L.P. of Panadero Corp. and Panadero Aggregates Holdings, LLC. According to the…

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FTC Blocks Software Merger Involving Small Competitor
Doyle, Barlow & Mazard PLLC

On March 19, 2018, the Federal Trade Commission (“FTC”) filed an administrative complaint to block CDK Global’s ( “CDK”) proposed acquisition of Auto/Mate.  The FTC alleged that the deal would violate Sections 5 of the FTC Act and 7 of the Clayton Act.  The parties to the deal abandoned the deal after being faced with…

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Fake News: The DOJ/AT&T Trial Will Start on Time as Scheduled
Doyle, Barlow & Mazard PLLC

On March 15, Judge Richard Leon said “Fake News” to a report that the trial will start on Wednesday, the 21st.  It will start on Monday at 10:30.  The first couple of days will be devoted to evidentiary objections.  Opening arguments will be on Wednesday and the Judge thinks the trial will take 6-8 weeks.…

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Air Medical Group Negotiates Consent Decree to Resolve FTC’s Competition Concerns
Doyle, Barlow & Mazard PLLC

On March 7, 2018, the United States Federal Trade Commission (“FTC”) announced it entered into a settlement agreement with Air Medical Group allowing it to acquire AMR for $2.4 billion. The two providers of ambulance services agreed to divest inter-facility air ambulance transport services in Hawaii to resolve FTC concerns that their proposed merger would…

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Trump’s DOJ Blocks JV from Permanently Combining
Doyle, Barlow & Mazard PLLC

On March 5, 2018, Sparton Corporation (“Sparton”) announced the termination by Sparton and Ultra Electronics Holdings plc (“Ultra”) of their July 7, 2017 merger agreement. According to Sparton, during the review of the proposed merger by the United States Department of Justice (“DOJ”), the United States Navy (“Navy”) expressed the view that instead of the parties…

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