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Antitrust Lawyer Blog

DOJ Requires Divestitures for Exelon – Public Service Enterprise Group Merger
Doyle, Barlow & Mazard PLLC

On June 22, the DOJ announced that the $16 billion merger between Exelon Corp. and Public Service Enterprise Group Inc. can proceed as long as they divest six electricity generating plants, which in total provide more than 5,600 megawatts of generating capacity. The DOJ is making the companies shed two generating plants in Pennsylvania and…

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FCC to Act on Adelphia Deal in July
Doyle, Barlow & Mazard PLLC

On June 21, Federal Communications Commission chairman Kevin Martin said that the agency would likely act on the acquisition of Adelphia Communications Corp. (“Adelphia”) by Time Warner Inc. (“Time Warner”) and Comcast Corp. (“Comcast”) in mid-July. Martin indicated the mid-July action in comments to reporters following the agency’s public meeting, stating “I think the commission…

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AT&T – BellSouth Merger Runs into Opposition
Doyle, Barlow & Mazard PLLC

The American Civil Liberties Union (“ACLU”), a group of small telecommunications companies, and Sprint Nextel Corp. (“Sprint”) have joined to oppose AT&T Inc.’s (“AT&T”) bid to acquire BellSouth Corp. (“BellSouth”). In its June 5th filings with the FCC, the ACLU said it wants the commission to hold up approval of the merger until the phone…

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Telemarketer Pays the Price for Using Unscrubbed “Lead Lists”
Doyle, Barlow & Mazard PLLC

A Southern California-based mortgage broker will pay $50,000 under a court order filed today on behalf of the Federal Trade Commission for allegedly calling tens of thousands of consumers who are on the National Do Not Call (DNC) Registry for telemarketers and for failing to pay the annual fee required to access the DNC Registry.…

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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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Spanish Banks Push into American Market
Doyle, Barlow & Mazard PLLC

Two Spanish banks entered the US banking market in June. Spain’s second-largest bank, Banco Bilbao Vizcaya Argentaria (BBVA), purchased two Texas-based banks -Texas Regional Bancshares and State Regional Bancshares- supplementing a southern-California based bank that it had previously acquired. This deal will give BBVA access to the lucrative market for remittances from Latin American workers…

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Possible Consolidation in Italian Banking Sector
Doyle, Barlow & Mazard PLLC

Reports surfaced on June 19 that the Italian banking sector may be ripe for consolidation. This speculation began to emerge after Governor Mario Draghi of the Bank of Italy had signaled his intention to open up the Italian banking market to merger activity once the bank’s merger veto had been transferred to Italian antitrust authorities.…

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FCC Approves Sprint’s Acquisition of Nextel Parnters
Doyle, Barlow & Mazard PLLC

On June 20, the FCC approved without conditions Sprint Nextel Corp.’s (“Sprint Nextel”) acquisition of affiliate Nextel Partners, Inc., which sells Nextel services in 58 mid-sized and rural markets, in a deal worth $6.5 billion. The transaction gives Sprint Nextel the two-thirds stake in Nextel Partners it didn’t already own. It is one of seven…

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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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Alpena, Michigan, Public Schools Planned Pharmaceutical Transfer Falls Within NPIA.
Doyle, Barlow & Mazard PLLC

On June 20, the staff of the Bureau of Competition advised Alpena (Michigan) Public Schools that its proposed plan to have pharmaceuticals transferred to it for use by its employees, by the Alpena Regional Medical Center, with actual distribution of the pharmaceuticals being made by certain Alpena-area pharmacies, falls within the Non-Profit Institutions Act “NPIA”.That…

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