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Antitrust Lawyer Blog

Magazine Seller Will Pay More Than $7 Million
Doyle, Barlow & Mazard PLLC

On September 11, 2006, a federal judge ordered a magazine subscription seller to pay a civil penalty of more than $5.4 million and give up more than $1.6 million of his ill-gotten gains for violating a 1996 Federal Trade Commission (“FTC”) consent order and the FTC’s Telemarketing Sales Rule (“TSR”). This amount is the largest…

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FTC/DOJ Issue Annual HSR Premerger Notification Report to Congress; Commission Approves Final Consent Order in Matter of CardSystems Solutions
Doyle, Barlow & Mazard PLLC

The Commission, with the concurrence of the Acting U.S. Assistant Attorney General for Antitrust, has authorized the release of the Twenty-Eighth Annual Report to Congress Regarding the Hart-Scott-Rodino (HSR) Premerger Notification Program. The report summarizes Commission and Department of Justice (DOJ) actions conducted under the HSR Act in fiscal year 2005, noting that 1,695 premerger…

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Xanga.com to pay $1 Million for Violating Children’s Online Privacy Protection Rule
Doyle, Barlow & Mazard PLLC

Social networking Web site operators Xanga.com, Inc. and its principals, Marc Ginsburg and John Hiler, will pay a $1 million civil penalty for allegedly violating the Children’s Online Privacy Protection Act (“COPPA”), and its implementing Rule, under the terms of a settlement with the Federal Trade Commission (“FTC” or “Commission”) announced on September 7, 2006.…

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Justice Departments Requires Divestitures in ALLTELL’S Acquisition of Midwest Wireless
Doyle, Barlow & Mazard PLLC

On September 7, the DOJ announced that ALLTEL Corporation agreed to divest assets in rural areas of Minnesota in order to proceed with its $1.075 billion acquisition of Midwest Wireless Holdings LLC. The DOJ said that the deal as originally proposed would have resulted in higher prices, lower quality, and diminished investment in network improvements…

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FTC Testifies on Competition in Group Health Care
Doyle, Barlow & Mazard PLLC

The Federal Trade Commission today told the Senate Judiciary Committee that the agency protects health care consumers from anti-competitive conduct by enforcing antitrust laws, and that the FTC is committed to working with physicians and other providers to give them guidance to avoid antitrust pitfalls as they respond to market challenges.“The agency will bring enforcement…

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FTC Closes Door on Spyware Operation
Doyle, Barlow & Mazard PLLC

It was announced on September 6, 2006 that an operation placing spyware on consumers’ computers in violation of federal laws will give up more than $2 million to settle Federal Trade Commission (“FTC”) charges. Under a stipulated final judgment and order, the defendants are permanently prohibited from interfering with a consumer’s computer use, including but…

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Commission Approves Final Consent Orders in Matters of Linde/BOC and Austin Board of Realtors
Doyle, Barlow & Mazard PLLC

Following a public comment period, the Commission has approved the issuance of a final consent order in the matter concerning Linde AG’s acquisition of The BOC Group. The vote approving issuance of the final order was 5-0.Authored by: Robert W. Doyle, Jr.202-589-1839rdoyle@dbmlawgroup.com

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FTC Halts Bogus Claims for Fuel Saving Device
Doyle, Barlow & Mazard PLLC

On August 22, the manufacturer of a magnetic “fuel saving” and emissions-reduction device that did not save fuel or reduce emissions will pay $4.2 million to settle Federal Trade Commission (“FTC”) charges that his advertising claims were false. The FTC will seek to provide redress to consumers who bought the device based on the false…

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FTC Challenges Deal between Enterprise Products Partners and TEPPCO
Doyle, Barlow & Mazard PLLC

The Federal Trade Commission (“FTC”) announced a law enforcement action on August 18 challenging a 2005 acquisition that combined the natural gas liquids (“NGL”) storage businesses of Enterprise Product Partners, L.P. and TEPPCO Partners, L.P. under common ownership. The FTC’s complaint alleged that the transaction likely would result in higher prices and service degradations by…

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FTC Sues to Halt Unfair Movieland Downloads
Doyle, Barlow & Mazard PLLC

The Federal Trade Commission filed a complaint on August 15 in U.S. district court, seeking to halt an operation that downloads software barraging consumers with pop-ups demanding payment to make the pop-ups go away. The Office of the Attorney General of the State of Washington also sued the operators.The FTC’s complaint asked the court to…

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