Recent Development in Antitrust and International Trade Law

NORTH AMERICAN DIVESTITURE ORDERED IN OWENS CORNING

October 26, 2007 at 10:12 am

On October 26, 2007 the Federal Trade Commission (“FTC”) entered into a settlement agreement with Owens Corning regarding its proposed acquisition of the glass fiber reinforcements and composite fabric assets of Compagnie de Saint Gobain (Saint Gobain). The complaint accompanying the consent agreement asserts that the deal reduces competition in […]

DEPARTMENT OF JUSTICE ORDERS DIVESTITURE IN ABITIBI/BOWATER MERGER

October 24, 2007 at 10:06 am

On October 24, 2007, the Department of Justice (“DOJ”) announced that it will require two of the nation’s largest newsprint manufacturers – Abitibi-Consolidated Inc. and Bowater Inc.- to divest a newsprint mill in Arizona. As originally laid out, the DOJ alleged that the $1.6 billion transaction would have considerably hampered […]

DIVESTITURES LEAD TO SETTLEMENT IN VULCAN’S ACQUISITION OF FLORIDA ROCK

October 23, 2007 at 10:18 am

On November 13, 2007, the Department of Justice announced that it reached a settlement that will require Vulcan Materials Company and Florida Rock Industries Inc. to divest eight quarries that produce coarse aggregate in Georgia, Tennessee and Virginia and one distribution yard in Virginia in order to proceed with their […]

SPANISH GOVERNMENT TO CHALLENGE EUROPEAN COMMISSION’S DECISION TO FINE TELEF

October 10, 2007 at 9:48 am

The Spanish Government announced on October 8, 2007, that it will bring an action before the Court of First Instance against the Commission’s decision to fine Telefónica. The Spanish Government believes that the Commission’s decision does not respect the Spanish telecoms regulator’s (“CMT”) competencies. On July 4, 2007, the Commission […]

COMMISSION INITIATES PHASE II INVESTIGATION INTO THOMSON’S ACQUISITION OF REUTERS

October 10, 2007 at 9:42 am

On October 8, 2007, the European Commission (the “Commission”) initiated Phase II proceedings into the proposed acquisition of Reuters by Thomson. The in-depth assessment affords the Commission the opportunity to further examine the impact on competition of the proposed acquisition on the affected markets, notably for the supply of financial […]

KYPHON’S ACQUISITION OF DISC-O-TECH IS APPROVED

October 9, 2007 at 2:18 pm

On October 9, 2007 the Federal Trade Commission entered into a settlement agreement with Kyphon, Inc. (“Kyphon”) that allows Kyphon to acquire the spinal assets of Disc-O-Tech Medical Technologies, Ltd. and Discotech Orthopedic Technologies, Inc. (collectively “Disc-O-Tech”). According to the complaint filed with the settlement agreement, the post-merger U.S. market […]

FTC ANNOUNCES THE END OF LITIGATION IN THE WESTERN REFINING CASE

October 3, 2007 at 2:19 pm

On October 3, 2007, the Federal Trade Commission announced that it will not continue with administrative litigation challenging Western Refining, Inc.’s acquisition of Giant Industries, Inc. The vote to dismiss the administrative complaint was 3-2. Originally, the FTC had voted to attempt to block the proposed acquisition in April 2007, […]

COMMISSION APPROVES SONY/BMG MERGER FOR THE SECOND TIME

October 2, 2007 at 9:44 am

On January 9, 2004, Sony Corp of Japan and Bertelsmann AG of Germany notified the European Commission (the “Commission) of their intention to combine their global recorded music businesses into a joint venture under the name of SonyBMG. They notified under the old EC Merger Regulation. The Commission approved the […]

GERMAN FEDERAL SUPREME COURT REFERS THE BKARTA’S SPRINGER/PROSIEBEN-SAT1 MERGER PROHIBITIONDECISION BACK TO THE HIGHER REGIONAL COURT D

October 1, 2007 at 9:46 am

In a recent judgment dated September 30, 2007, the Federal Supreme Court held that even after parties abandon their merger plans due to a prohibition decision by the German Federal Cartel Office (“BKartA”), German courts hold jurisdiction to rule on the question as to whether the BKartA was right to […]