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Berkshire Hathaway Agrees to Pay $896,000 Maximum Civil Penalty for HSR Violation On August 20, 2014, the Federal Trade Commission (“FTC”) announced that Berkshire Hathaway Inc. (“Berkshire”) agreed to pay a civil penalty of $896,000, the maximum civil penalty that could have been imposed, for its alleged violation of the premerger notification and filing requirements…

On May 6, 2014, a gasoline price-fixing lawsuit brought by District of Columbia Attorney General Irving Nathan was thrown out of court by Judge Craig Iscoe, ruling the District of Columbia has no grounds to bring such an action. The District of Columbia’s lawsuit challenged the exclusive dealing contracts (the so-called “jobbers”) that gas stations…

On May 20, 2014, the Department of Justice (“DOJ”) announced that it will require Ardent Mills, a proposed merger of the wheat milling operations of the companies ConAgra, Cargill, and CHS, to divest four competitively significant mills to an upfront buyer before clearing the deal for approval. These four mills are located in regions encompassing…

On May 30, 2014, the federal district court of the District of Columbia, Judge Beryl Howell upheld the Federal Trade Commission’s (“FTC”) newly adopted HSR rule governing reporting of transfers of certain exclusive patent rights in the pharmaceutical industry. The rule was adopted in November of 2013.  The Pharmaceutical Research and Manufacturers of America (“PhRMA”) trade…

On May 30, 2014, Judge Beryl Howell of the federal district court of the District of Columbia upheld the Federal Trade Commission’s (“FTC”) newly adopted HSR rule governing reporting of transfers of certain exclusive patent rights in the pharmaceutical industry. The rule was adopted in November of 2013.  The Pharmaceutical Research and Manufacturers of America…

On May 30, 2014, the Federal Trade Commission (“FTC”) approved the merger between Men’s Wearhouse and Jos. A. Bank, the two largest men’s wear companies without any conditions. On January 28, 2014, the FTC issued a second to request to review the transaction.  After approximately four months, the FTC determined that ample competition existed in…

On April 18, 2014, China’s Ministry of Commerce (“MOFCOM”) unveiled the first tentative guideline for the simple merger review process: It would appear that MOFCOM’s recourse to a public review process is aimed at increasing the transparency of the merger review process, since it replaces the old “one-on-one” consultations between MOFCOM and domestic stakeholders. It…

On Feb. 13th, 2014, the Chinese Ministry of Commerce (MOFCOM) unveiled its long-awaited Interim Rule on Applicable Standards for Simple Merger Review Cases. While many interested groups hailed this development as a positive step taken by the MOFCOM towards a comprehensive “fast-track” review procedure for simple cases which exists in the U.S. and in the…

On February 10, 2014, the Second Circuit Court of Appeals in New York dealt a blow to Apple in its efforts to have a court-appointed monitor removed from his position.  The Second Circuit ruled that lawyer Michael Bromwich can continue to oversee the company’s antitrust compliance. While Apple wanted to remove the monitor altogether for…

Background The Trial Judge’s Opinion The United States District Court for the Northern District of California agreed with the DOJ’s characterization of Bazaarvoice’s June 2012 acquisition as one that eliminated its “closest and only serious competitor”.  In reaching its decision, the court applied the 2010 Horizontal Merger Guidelines (“Guidelines”) and relied heavily on pre-merger “hot…