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Articles Posted in FCC Antitrust Highlights

U.S. ANTITRUST AGENCIES TO EXPLORE CHANGES TO HORIZONTAL MERGER GUIDELINES
Doyle, Barlow & Mazard PLLC

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 and acquisitions. The Merger Guidelines…

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FTC STRESSES NEED TO CONSIDER COMPETITION AND CONSUMER PROTECTION IN NATIONAL BROADBAND PLAN
Doyle, Barlow & Mazard PLLC

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 consideration the FTC’s two primary…

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DOJ REPORTEDLY REVIEWING TELECOMMUNICATIONS INDUSTRY
Doyle, Barlow & Mazard PLLC

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 stance on antitrust enforcement. Christine…

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MEDIA EXECUTIVE PAYS $1.4 MILLION FOR VIOLATING PREMERGER NOTIFICATION REQUIREMENTS
Doyle, Barlow & Mazard PLLC

On June 23, 2009, John C. Malone, the chairman of the board of Liberty Media Corporation and the chief executive officer of Discovery Holding Co. (“Discovery”), agreed to pay a penalty of $1.4 million for violating premerger reporting and waiting requirements of the Hart-Scott-Rodino (“HSR”) Act of 1976 when acquiring Discovery. Mr. Malone violated premerger…

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MICHIGAN SCHOOL OFFICIAL INDICTED TO DEFRAUD FCC’S E-RATE PROGRAM
Doyle, Barlow & Mazard PLLC

On June 2, Bradley J. Hansen, the former superintendent of the Montcalm Area Intermediate School District in Grand Rapids, MI, was indicted by a grand jury for conspiring to commit bribery and deprive the school district and the citizens of Michigan of his honest services in relation to the Federal Communication Commission’s (“FCC”) E-Rate Program.…

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FTC AUTHORIZES SUIT TO BLOCK CSL’s PROPOSED ACQUISITION OF TALECRIS
Doyle, Barlow & Mazard PLLC

On May 27, the Federal Trade Commission filed an administrative complaint o block CSL Limited’s proposed $3.1 billion acquisition of Talecris Biotherapeutics Holdings Corporation. The administrative complaint alleges that the deal would be illegal and would substantially reduce competition in the U.S. markets for four plasma-derivative protein therapies – Immune globulin (Ig), Albumin, Rho-D, and…

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HSR RULES MUST BE TAKEN SERIOUSLY
Doyle, Barlow & Mazard PLLC

On May 3,2004, the Department of Justice’s (“DOJ”) Antitrust Division, at the request of the Federal Trade Commission (“FTC”), filed two civil suits against alleged violators of pre-merger notification filing requirements under the Hart-Scott-Rodino (“HSR”) Act of 1976. The HSR Act imposes notification and waiting period requirements on individuals and companies over a certain size…

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DOJ REQUIRES DIVESTITURES IN VERIZON’S ACQUISITION OF ALLTEL
Doyle, Barlow & Mazard PLLC

On October 30, 2008, the Department of Justice (“DOJ”) required Verizon Communications Corp. (“Verizon”) to divest assets in 100 locations in 22 States for its acquisition of Alltel Corp. (“Alltel”) to proceed. The divestitures cover the States of Alabama, Arizona, California, Colorado, Georgia, Idaho, Illinois, Iowa, Kansas, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Carolina,…

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DOJ APPROVES RAYCOM MEDIA’S ACQUISITION WWBT-TV
Doyle, Barlow & Mazard PLLC

On August 28, 2008, the Department of Justice (“DOJ”) approved Raycom Media, Inc.’s (“Raycom”) acquisition of Richmond NBC affiliate, WWBT-TV from Lincoln Financial Media Company (“Lincoln”) after entering into a settlement agreement requiring Raycom to divest its Richmond CBS affiliate WTVR-TV to resolve antitrust concerns. This acquisition would have resulted in Raycom owning two of…

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DOJ REQUIRES DIVESTITURES IN VERIZON’S ACQUISTION OF RCC
Doyle, Barlow & Mazard PLLC

On June 10, 2008 the Department of Justice (“DOJ”) along with the State of Vermont entered into a settlement agreement that would allay their concerns that Verizon Communication Corp.’s (“Verizon”) acquisition of Rural Cellular Corp. (“RCC”) for $2.7 billion as proposed is anticompetitive. To resolve antitrust concerns, the DOJ required Verzion to divest assets in…

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