Articles Posted in Civil Non-Merger Highlights

On September 25, 2012, the Federal Trade Commission (“FTC”) announced that Biglari Holdings, Inc., which owns Steak 'n Shake and Western Sizzlin restaurant chains, agreed to pay $850,000 in civil penalties to resolve allegations that it failed to make a premerger notification filing in connection with its acquisition of 8.7% of the outstanding voting securities…

On September 19, Joseph Wayland, head of the Antitrust Division of the Department of Justice, spoke of the Division's recent performance and future outlook at Georgetown Law's 6th Annual Global Antitrust Enforcement Symposium. In his speech, he highlighted recent successes in tough litigation cases such as the one brought against AU Optronics Corporation for price…

At Georgetown Law’s 6th Annual Global Antitrust Enforcement Symposium on September 19, 2012, FTC Chairman Jon Leibowitz raised critical concerns about the recent anti-competitive practices of firms regarding the use of technology and IP patents. In particular, he denounced the growing use of International Trade Commission (“ITC”) exclusion orders as a threat by patent holders…

On July 31, 2012, the Federal Trade Commission (Commission) issued a statement withdrawing the Commission's nine-year-old Policy Statement on Monetary Equitable Remedies in Competition Cases (Policy Statement). The statement's withdrawal was approved on a 4-1 split vote, with Commissioner Maureen K. Ohlhausen casting the lone no vote and issuing a dissenting opinion. The 2003 Policy…

On July 16th, the Third Circuit Court of Appeals ruled that pharmaceutical “pay-for-delay” settlements whereby cash is paid from a patent holding company to a generic manufacturer that agrees not to enter a market as prima facie evidence of an antitrust violation. The Third Circuit rejects the more lenient standard adopted by the other Circuit…

On June 27th, 2012, the 7th Circuit established elements extending the reach of United States antitrust law to certain cases where foreign companies engage in anticompetitive conduct outside the United States. (Minn-Chem, Inc., et al., v. Agrium Inc., No. 10-1712, slip op. (7th Cir. June 27, 2012)). Background In Minn-Chem, indirect U.S. potash purchasers alleged…

On January 13, 2012, the FTC issued proposed amendments to Parts 2 and 4 of its Rules of Practice (“Rules”). Written comments must be received by March 23, 2012. The FTC first raised the need to reform Part 2 citing a substantial risk of delay and mistakes in the FTC’s discovery process based on the…