Recent Development in Antitrust and International Trade Law

DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE

September 30, 2009 at 9:51 am

On September 8, 2009, the Department of Justice announced that it would not challenge the formation of a Reliance Network, a joint venture between seven regional less-than-truckload (“LTL”) freight transportation companies, based on the representations made by the applicants. The Reliance Network is comprised of: Averitt Express Inc.; DATS Trucking […]

FTC SETTLES WITH K+S REGARDING ITS ACQUISITION OF MORTON INTERNATIONAL

September 25, 2009 at 9:15 pm

On September 25, 2009, the FTC settled with K+S Aktiengesellschaft (“K+S”) regarding its $1.68 billion proposed acquisition of Morton International, Inc. (“Morton”). The proposed merger would have combined K+S’s subsidiary, International Salt Company LLC (“ISCO”) with Morton. According to the FTC, the combined company would have enjoyed a 70% market […]

U.S. ANTITRUST AGENCIES TO EXPLORE CHANGES TO HORIZONTAL MERGER GUIDELINES

September 22, 2009 at 11:22 am

On September 22, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced that they will solicit public comment and hold joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers […]

DOJ PRESENTS CONCERNS TO COURT REGARDING GOOGLE’S BOOK SETTLEMENT

September 18, 2009 at 11:44 am

On September 18, the DOJ presented its a statement of its views regarding the proposed class action settlement between the American Association of Publishers and Google. As the parties continue to modify the settlement agreement, the DOJ issued a statement of interest to the court to provide the court with […]

DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE

September 8, 2009 at 8:59 pm

On September 8, 2009, the Department of Justice announced that it would not challenge the formation of a Reliance Network, a joint venture between seven regional less-than-truckload (“LTL”) freight transportation companies, based on the representations made by the applicants. The Reliance Network is comprised of: Averitt Express Inc.; DATS Trucking […]

DOJ WILL NOT CHALLENGE HOSPITAL’S JOINT PURCHASING AGREEMENT

September 4, 2009 at 8:58 pm

On September 4, 2009, the Department of Justice (“DOJ”) announced that it would not challenge a joint purchasing agreement of certain medical supplies between Memorial Health, Inc (“Memorial”) and St. Joseph’s/Candler Health System (“St. Joseph’s/Candler”). The efficiencies produced by the joint purchasing agreement will reduce transactions for the hospitals and […]

FTC STRESSES NEED TO CONSIDER COMPETITION AND CONSUMER PROTECTION IN NATIONAL BROADBAND PLAN

September 4, 2009 at 1:07 pm

On September 4, the FTC filed comments in response to the Federal Communications Commission (“FCC”) Notice of Inquiry regarding development of a National Broadband Plan that will seek to ensure that every American has access to broadband capability. In its comments, the FTC states that the FCC should take into […]

DOJ CLOSES INVESTIGATION OF FIDELITY’s ACQUISITION OF METAVANTE

September 4, 2009 at 9:11 am

On September 3, the companies announced that they received clearance from the Department of Justice to complete their proposed merger without conditions. The DOJ issued a second reqeust around June 22. The entire investigation took approximately four months. The second request period, however, was relatively short as it lasted only […]