Recent Development in Antitrust and International Trade Law

Fresinus to Divest Dialisys Clinics to Settle Merger

March 30, 2006 at 2:59 pm

On March 30th, Fresenius AG agreed to sell 91 outpatient kidney dialysis clinics and financial interests in 12 more to settle Federal Trade Commission charges that Fresenius' purchase of rival dialysis provider Renal Care Group, Inc. would violate federal antitrust laws. When the deal is finalized, Fresenius will be the […]

FTC to Study Generic Prescription Drugs

March 29, 2006 at 2:57 pm

On March 29th, the Federal Trade Commission announced its intention to conduct a study of the use, and likely short- and long-term competitive effects, of authorized generics in the prescription drug marketplace. An authorized generic is chemically identical to a particular brand-name drug, but the brand-name manufacturer authorizes it to […]

FTC Appoints Competition Bureau Directors

March 28, 2006 at 2:56 pm

On March 28th, Federal Trade Commission Chairman Deborah Platt Majoras announced the appointments of two new deputy directors of the FTC's Bureau of Competition. Kenneth L. Glazer joins the agency from The Coca-Cola Company, and David P. Wales, Jr. from Cadwalader, Wickersham & Taft LLP's Washington office.

FTC Releases Commentary on Horizintal Merger Guidelines

March 27, 2006 at 2:50 pm

On March 27th, the Federal Trade Commission and the U.S. Department of Justice jointly released a “Commentary on the Horizontal Merger Guidelines” that continues the agencies' ongoing efforts to increase the transparency of their decision-making processes – in this case, with regard to federal antitrust review of “horizontal” mergers between […]

FTC Starts Workshop on Merger Notification and Review

March 27, 2006 at 2:49 pm

On March 27th, Federal Trade Commission Chairman Deborah Platt Majoras kicked off an International Competition Network workshop to discuss the implementation of the ICN’s recommended practices for merger notification and review. These standards are designed to make the process for reviewing mergers more effective and efficient for both the merging […]

Physician-Hospital Organization Plan Violates Antitrust Laws

March 18, 2006 at 2:52 pm

The staff of the FTC stated on March 18 in an advisory opinion letter that the proposed plan by a physician-hospital organization that would involve collective bargaining with insurers over doctor fees likely would violate federal antitrust laws. The staff concluded that the price and other competitive restraints proposed by […]

Valassis Settles Collusion CHarges

March 14, 2006 at 2:47 pm

On March 14th, the FTC announced that Valassis Communications, Inc., a leading producer of free-standing newspaper inserts (“FSIs”) in the United States, has settled charges that it attempted to collude with News America Marketing, its only FSI rival, to eliminate competition between the two companies. Under the consent order settling […]

Allergan Divests to Settle FTC Charges

March 8, 2006 at 2:45 pm

On March 8th, Botox marketer Allergan, Inc., and Inamed Corporation agreed to divest the rights to develop and distribute Reloxin, a potential Botox rival, in order to settle Federal Trade Commission charges that Allergan’s $3.2 billion purchase of Inamed would violate federal antitrust laws. The FTC alleges that Allergan’s purchase […]

AT&T to Merge with Bellsouth

March 5, 2006 at 4:45 pm

On March 5, AT&T announced its intention to merge with Bellsouth. While the Antitrust Division is conducting its investigation of the proposed merger, very little with regards to conditions or divestitures are expected because there is little overlap between the companies’ two networks. One area of concern is the area […]