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Antitrust Lawyer Blog

FTC Receives Petition for Approval of Proposed Divestitures from SCI and Alderwoods Group
Doyle, Barlow & Mazard PLLC

On December 20, the Commission received a petition from Service Corporation International (SCI) and Alderwoods Group, Inc. seeking approval to divest: 1) Conroe Memorial Park, Conroe, Texas; 2) Harper-Talasek Funeral Home, Killeen, Texas; 3) Palmer Mortuary, Sequin, Texas; 4) Trevino Funeral Home, Brownsville, Texas; 5) Darling-Mouser Funeral Home, Brownsville, Texas; 6) Elmwood Funeral Home, Abilene,…

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FTC Receives Petition for Approval of Proposed Divestiture from SCI and Alderwoods Group
Doyle, Barlow & Mazard PLLC

On December 19, the Commission received a petition from Service Corporation International (SCI) and Alderwoods Group, Inc. seeking approval of a proposed divestiture related to SCI’s recent acquisition of Alderwoods. In the FTC’s consent agreement and order allowing the transaction to proceed with conditions, SCI and Alderwoods were required to divest a range of funeral…

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Antitrust Division Announces Amendment to its 2001 Merger Review Process Initiative
Doyle, Barlow & Mazard PLLC

On December 15, the Antitrust Division announced that it is amending its 2001 Merger Review Process Initiative in order to further streamline the merger investigation process to improve the efficiency of the Division’s investigations while reducing the cost, time and burdens faced by parties to transactions that are reviewed by the Division.The amendments to the…

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Investors Buying Clear Channel Seek to Avoid Violating FCC’s Limits on Radio Ownership
Doyle, Barlow & Mazard PLLC

To circumvent federal limits on radio ownership, investors trying to buy industry giant Clear Channel Communications Inc. (“Clear Channel”) plan to become passive owners in some radio stations they already own and divest others. According to their merger application submitted Friday, December 15, to the FCC, Thomas H. Lee Partners LP (“Lee”) and Bain Capital…

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Scammers Targeting Spanish-Speakers Will Turn Over Assets
Doyle, Barlow & Mazard PLLC

On December 14, operators who promised Spanish-speaking consumers “designer” merchandise but delivered knock-offs and outdated electronics will give up approximately $235,000 to settle FTC charges that their scam violated federal laws including the Do Not Call Rule. The telemarketers called Spanish-speaking customers, telling them they had been selected to get a valuable “prize,” such as…

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FTC Challenges Terms of Johnson & Johnson’s Proposed Acquisition of Pfizer’s Consumer Healthcare Business To Protect Competition
Doyle, Barlow & Mazard PLLC

On December 12, the Federal Trade Commission announced its decision to challenge the terms of Johnson & Johnson’s (J&J) proposed $16.6 billion acquisition of Pfizer Inc.’s (Pfizer) Consumer Healthcare business. The FTC’s complaint alleged that the transaction as originally proposed would reduce competition in the U.S. markets for over-the-counter (OTC) H-2 blockers used to prevent…

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FTC Provides Senate Testimony on Sports Programming and Cable Distribution
Doyle, Barlow & Mazard PLLC

The Federal Trade Commission’s Bureau of Economics Director Michael Salinger testified on December 7 before the U.S. Senate Committee on the Judiciary about the FTC’s January 2006 closure of its investigation into the proposed acquisition by Comcast Corporation and Time Warner Cable Inc. (“TWC”) of the cable assets of Adephia Communications Corporation (“Adelphia”).Salinger explained the…

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FTC Targets Bogus Claims for Pill Advertised to Make Kids Taller
Doyle, Barlow & Mazard PLLC

On November 28, a Florida business and its owner, who marketed purported height-enhancing pills for kids and young adults, agreed to pay $375,000 to settle charges that their advertising claims were deceptive. The Federal Trade Commission charged the defendants with making false and unsubstantiated claims for HeightMax, as well as for two other supplements, Liposan…

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Court Allows Department of Justice Antitrust Lawsuit Against National Association of Realtors to Proceed
Doyle, Barlow & Mazard PLLC

On November 28, 2006, the U.S. District Court in Chicago issued a 29-page opinion allowing the Department of Justice’s antitrust lawsuit against the National Association of Realtors (“NAR”) to proceed. The court rejected NAR’s argument that last-minute changes to its policies prevented judicial scrutiny. In denying NAR’s motion to dismiss the case, the district court…

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Cablevision Challenges FCC’s Integration Ban
Doyle, Barlow & Mazard PLLC

In a November 27 filing with the FCC, Cablevision Systems (“Cablevision”) said the agency’s rule banning set-top boxes with integrated security functions should not require the operator to deploy CableCARD-based boxes because all of its digital set-tops already contain removable smart cards. In the filing, Cablevision requested a limited waiver of the July 1, 2007,…

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