Recent Development in Antitrust and International Trade Law

FTC NEEDS MORE TIME TO REVIEW MERGER

January 26, 2008 at 3:32 pm

On January 26, 2008 Hexion Specialty Chemicals announced that both it and Huntsman Corporation agreed to allow additional time for the Federal Trade Commission to review the proposed merger of the two companies. As a result, the merger is not expected to close before May 3. To accommodate the extension, […]

JUSTICE DEPARTMENT REQUIRES DIVESTITURES IN PEARSON’S ACQUISITION OF HARCOURT ASSESSMENT

January 24, 2008 at 5:01 pm

On January 24, 2008 the DOJ announced that it will require Pearson Plc to divest assets relating to three clinical testing markets in order to proceed with Pearson’s proposed $950 million acquisition of Harcourt Assessment. The DOJ claimed that the deal would have resulted in higher prices to purchasers of […]

FTC CHALLENGES ‘ETHERNET’ STANDARD USED IN PERSONAL COMPUTERS

January 24, 2008 at 2:35 pm

On January 24, 2008 the Federal Trade Commission (“FTC”) or (“Commission”) announced a complaint and settlement with Negotiated Data Solutions LLC (N-Data), which allegedly violated federal law by engaging in unfair methods of competition and unfair acts or practices regarding its enforcement of certain patents against makers of equipment employing […]

COMMISSION LAUNCHES SECTOR INQUIRY INTO PHARMACEUTICALS

January 16, 2008 at 4:44 pm

On January 16, 2008 the European Commission (the “Commission”) announced that it launched an inquiry into the pharmaceuticals sector under Article 17 of Regulation (EC) 1/2003. The Commission is concerned that competition within the pharmaceuticals sector may be restricted or distorted. In particular, the Commission highlighted the decline of innovation. […]

OPERA FILES ANTITRUST COMPLAINT AGAINST MICROSOFT

January 11, 2008 at 3:44 pm

Opera, a Norwegian developer of web-browsers, filed a complaint against Microsoft with the European Commission (the “Commission”) claiming Microsoft is abusing its dominant position by tying its browser, Internet Explorer, to the Windows operating system and by hindering interoperability by not following accepted Web standards. The developer asked the Commission […]

FTC STOPS DECEPTIVE “HEALTH CONFERENCES” AND SALES OF SUPPOSED

January 11, 2008 at 3:29 pm

The Federal Trade Commission stopped a father, his two sons, and their network of companies from deceptively selling a healthcare business opportunity with false promises of earning up to a million dollars in profits. In addition, the FTC halted their sale of an herbal tea product, marketed with claims that […]

DEPARTMENT OF DEFENSE CONTRACTORS ARRESTED FOR CONSPIRING TO STEAL INFORMATION ON FUEL SUPPLY CONTRACTS

January 6, 2008 at 4:55 pm

Two U.S. Department of Defense (“DOD”) contractors were arrested in New York City on January 6, 2008, and charged with conspiring to steal information relating to DOD contracts to supply fuel to DOD aircraft worldwide. Two contractor firms and a third individual are also charged with participating in the conspiracies. […]