Articles Posted in FTC Antitrust Highlights

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 share of the bulk de-icing…

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…

On August 3, the Federal Trade Commission said it will continue to investigate the relationship between the boards of Apple, Inc. and Google, Inc. even after Google’s CEO, Eric Schmidt, resigned from Apple’s board earlier in the day. Richard Feinstein, director of the FTC’s Bureau of Competition, commended both companies for “recognizing that sharing directors…

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 in the U.S. market for…

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 care and convenient services at…

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 the FTC. In August 2003,…

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…

On June 4, 2009, Alta Bates Medical Group, Inc. (“Alta Bates”), a 600-physician independent practice association serving the Berkeley and Oakland, California, area, agreed to settle Federal Trade Commission charges that it violated the antitrust laws by fixing prices charged to health care insurers. The proposed consent order agreed to by the doctor group and…

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…

On May 5, it was reported by various news sources that the Federal Trade Commission opened an investigation into whether an overlap of directors on the boards of Apple Inc. and Google Inc. violates the antitrust laws, Google Chief Executive Eric Schmidt sits on the board of Apple. If directors sit on the boards of two…