Recent Development in Antitrust and International Trade Law
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President Obama Chimes in on the Net Neutrality Debate

November 11, 2014 at 5:48 am

On November 10, 2014, President Obama forcefully stated his position on net neutrality.  While acknowledging that the FCC is the agency that has the authority to create new rules protecting net neutrality, President Obama stated that the FCC should create “the strongest possible rules” to stop “paid prioritization” and other […]

MOFCOM’s Block of the P3 Network Shipping Alliance

November 10, 2014 at 11:07 pm

On June 17, 2014, the Ministry of Commerce (“MOFCOM”) blocked the proposed P3 Network shipping alliance between Denmark’s AP Maller-Maersk (“Maersk”), Switzerland’s Mediterranean Shipping Company (“MSC”), and France’s CMA CGM (“CMA CGM”). This is MOFCOM’s second block since it started conducting merger reviews approximately six years ago.  This is the […]

Antitrust Division Obtains $3.8 Million in Civil Penalties and Disgorgement of $1.15 Million for Illegal Pre-closing Conduct

November 10, 2014 at 6:55 pm

On November 7, 2014, the Department of Justice’s Antitrust Division announced that it obtained a $5 million settlement with Flakeboard America Limited; its parent companies, Celulosa Arauco y Constitución S.A. and Inversiones Angelini y Compañía Limitada; and SierraPine for illegal pre-merger coordination in violation of the antitrust laws and of […]

AAI Announces New Leadership To Continue Pioneering Work In Competition Advocacy

November 10, 2014 at 5:23 am

On November 10, 2014, the American Antitrust Institute (“AAI”) announced that Diana Moss will succeed founder Albert Foer as President and CEO of the leading competition advocacy group, effective January 2015. “I speak for the entire AAI Board of Directors in enthusiastically welcoming Diana as our new President and CEO […]

Antitrust Division Challenges Merger to Monopoly in Pre-Show Services and Cinema Advertising

November 8, 2014 at 6:34 pm

On November 3, 2014, the Department of Justice’s Antitrust Division challenged National CineMedia, Inc.’s (“NCM”) proposed acquisition of Screenvision by filing a lawsuit in federal court.  The transaction would have combined the only two significant cinema advertising networks in the United States. Background   On May 5, 2014, NCM, Inc. entered […]

DOJ Blocks Software Merger

November 5, 2014 at 6:33 pm

On November 5, 2014, the DOJ announced that Embarcadero Technologies Inc. and CA Inc. terminated Embarcadero’s proposed acquisition of CA Inc.’s ERwin data modeling product suite. Background In March of 2014, Embarcadero Technologies announced that it would acquire CA Inc.’s ERwin data modeling suite. Data modeling software is used to […]

DOJ CONTINUES TO PROSECUTE INVIDUALS WHO RIG BIDS AT REAL ESTATE FORECLOSURE AUCTIONS

November 1, 2014 at 7:02 pm

The Department of Justice’s Antitrust Division continues to send a strong message to individuals engaged in conspiracies to rig public real estate foreclosure auctions through criminal enforcement.  Punishing real estate investors engaged in illegal activity that harms struggling homeowners and financial institutions continues to be a priority for the Antirust […]

DOJ Approves Broadcast Merger With Conditions

October 30, 2014 at 6:57 pm

On October 30, 2014, the Antitrust Division filed a complaint along with a proposed settlement agreement that allows Media General Inc.’s acquisition of LIN Media, LLC for $1.5 billion to be consummated, as long as the parties divest certain broadcast stations. Background Media General’s local broadcast stations and LIN’s stations […]

DOJ Approves Cyber Security Data Sharing Platform

October 10, 2014 at 6:37 pm

On October 2, 2014, the Department of Justice’s Antitrust Division announced through a business review letter CyperPoint International, LLC’s cyber intelligence data-sharing platform known as TruSTAR, as proposed, does not raise antitrust concerns that would warrant a challenge. Background Earlier this year, the DOJ and the Federal Trade Commission issued a […]

Senate Judiciary Committee holds hearing on “Net Neutrality”

September 17, 2014 at 5:22 am

On September 17, the Senate Judiciary Committee held a hearing — “Why Net Neutrality Matters: Protecting Consumers and Competition Through Meaningful Open Internet Rules.”  The witnesses were: ·            Brad Burnham – Managing Partner, Union Square Ventures ·            Ruth Livier – Writer, Independent Producer, and Actress ·            Robert McDowell – Former […]