Recent Development in Antitrust and International Trade Law

DOJ REQUIRES DIVESTITURE IN SAPA’S ACQUISITION OF INDALEX

July 30, 2009 at 4:38 pm

On July 30, 2009, the DOJ announced that it reached a settlement that will require Sapa Holding AB and Indalex Holdings Finance Inc. to divest a North Carolina aluminum sheathing facility in order to proceed with Sapa’s proposed $150 million acquisition of Indalex. According to the complaint, the transaction would […]

FTC READY TO CHALLENGE THORATEC’S PROPOSED ACQUISITION OF HEARTWARE

July 29, 2009 at 3:17 pm

On July 29, Thoratec reported that it had been informed by the FTC that the FTC would challenge its $282 million acquisition of Heartware. The parties decided to abandon the merger two days later. The FTC’s complaint alleged that the deal would be illegal because it would substantially reduce competition […]

CONTRACTING OFFICER’S NEICE PLEADS GUILTY TO OBSTRUCTING MONEY LAUNDERING SCHEME INVESTIGATION RELATED TO BRIBE PAYMENTS

July 28, 2009 at 8:54 pm

On July 28, 2009, Nyree Patterson, the niece of former U.S. Army Major John Cockerham, pled guilty for her role in conspiracy to cover up her uncle’s involvement in accepting $9 million in bribes as a contracting officer at a Kuwaiti air base. Ms. Pettaway admitted to going to Kuwait […]

FTC CHALLENGES CONSUMMATED ACQUISITIONS

July 24, 2009 at 2:08 pm

On July 24, 2009, the Federal Trade Commission issued an administrative complaint challenging Carilion Clinic’s August 2008 acquisition of two outpatient clinics in the Roanoke, Virginia, area. Prior to the acquisition, the Center for Advanced Imaging (“CAI”) and the Center for Surgical Excellence (“CSE”) had strong reputations for offering high-quality […]

INDIAN COMPETITION LAW UPDATE

July 17, 2009 at 9:04 pm

  Although the Competition Commission of India (“CCI”) became functional on April 1, 2008, several other provisions of the Competition (Amendment) Act, 2007 (“Competition Act”) have not been notified. According to the Indian legislative process, the Act, even though passed by the Parliament, has to be notified by the President […]

TEMP COMPANY PLEADS GUILTY TO PROVIDING FALSE STATEMENTS TO SBA

July 17, 2009 at 8:53 pm

On July 17, 2009, Patriot Services Inc. (“Patriot”), a temporary staffing company used by various government agencies and departments, and its owner/president, Stephanie Blackmon, pled guilty to making a false statement to the U.S. Small Business Association (“SBA”). Although Ms. Blackmon was officially the owner/president of Patriot from November 2003, […]

ASPEN TECH VIOLATES TERMS OF 2004 FTC CONSENT ORDER RELATED TO ITS PURCHASE OF HYPROTECH, LTD.

July 6, 2009 at 9:14 pm

On July 6, 2009, the Federal Trade Commission (“FTC”) modified a 2004 consent order against Aspen Technology, Inc. (“Aspen Tech”). On May 31, 2002, Aspen Tech consummated a $106.1 million acquisition of Hyprotech, Ltd., its closest competitor in developing and supplying certain specialized engineering process simulation software products, according to […]

ANOTHER EXECUTIVE PLEADS GUILTY FOR DEFRAUDING EPA AT FEDERAL CREOSOTE SUPERFUND SITE

July 6, 2009 at 8:52 pm

On July 6, 2009, Robert P. Griffiths, a former executive at Bennett Environmental Inc (“BEI”), a Canadian company that provides soil treatment, pled guilty to charges for paying kickbacks and committing fraud at the U.S. Environmental Protection Agency (“EPA”) Superfund-site Federal Creosote in New Jersey. Mr. Griffiths also pled guilty […]

DOJ REPORTEDLY REVIEWING TELECOMMUNICATIONS INDUSTRY

July 6, 2009 at 6:53 pm

On July 6, a number of news sources reported that the DOJ has begun looking into whether large U.S. telecommunications companies such as AT&T Inc. and Verizon Communications Inc. are abusing their market power they have amassed in recent years. The review is an indication of the Obama administration’s aggressive […]

ANOTHER FORMER US MILITARY OFFICER PLEADS GUILTY TO DEFRAUDING DOD

July 1, 2009 at 8:51 pm

On July 1, 2009, First Lieutenant Robert Moore (Ret.), plead guilty to conspiracy and bribery charges. Mr. Moore accepted money from contracts in exchange for Department of Defense (“DOD”) contracts at the Bagram Airfield, Afghanistan (“Bagram”). He also falsified the number of bunkers and barriers delivered to Bagram, causing the […]