Articles Posted in FTC Antitrust Highlights

On April 2, 2009, the Federal Trade Commission (“FTC”) required BASF, a world leading chemical company based in Germany, to divest assets related to two high performance pigments of Ciba Holding Inc (“Ciba”) in order for BASF’s proposed $5.1 billion acquisition of Ciba to proceed after the statutory public comment period of 30 days. It…

On April 1, 2009, the Federal Trade Commission (“FTC”) announced that Acting Director of the Bureau of Competition, David P. Wales would step down in May. Mr. Wales joined the FTC as Deputy Director of the Bureau of Competition in April 2006 and took on his current role in August 2008. He has led the…

On March 26, 2009, Bristol-Myers Squibb Company (“BMS”) agreed to pay a fine of $2.1 million for failing to inform the Federal Trade Commission of oral agreements reached with Apotex, Inc., regarding potential generic competition to its drug Plavix. BMS’s conduct violated a 2003 FTC Order and the Medicare Modernization Act, which requires that certain…

On March 6, 2009, the Federal Trade Commission (“FTC”) ordered Whole Foods Market, Inc. (“Whole Foods”) to divest 32 Wild Oats Markets, Inc. (“Wild Oats”) stores and related assets, which will restore competition in 17 markets. Whole Foods is the largest premium natural and organic supermarket chain in the United States and Wild Oats is…

On March 4, 2009, the National Association of Music Merchants (“NAMM”) agreed to a Federal Trade Commission (“FTC”) consent order settling charges of NAMM’s conduct that enhanced members’ ability to increase prices of musical instruments. NAMM is a trade association of U.S. manufacturers, distributors, and dealers of musical instruments. As a trade association, its purpose…

On March 2, 2009, President Obama appointed Jon Leibowitz as Chairman of the Federal Trade Commission (“FTC”). Mr. Leibowitz became a Commissioner at the FTC in September 2004. He was formerly the Democratic chief counsel and staff director for the U.S. Senate Antitrust Subcommittee from 1997 to 2000, focusing on competition policy and telecommunications matters.…

On February 26, 2009, the Federal Trade Commission (“FTC”) intervened in Lubrizol Corporation’s (“Lubrizol”) 2007 acquisition of oxidate assets from its rival The Lockhart Company (“Lockhart”). On February 7, 2007, Lubrizol signed an asset purchase agreement with Lockhart to purchase Lockhart’s oxidate assets. Oxidate assets are chemical additives that are used to make rust preventives.…

On January 29, 2009, Getinge AB (“Getinge”) settled charges with the Federal Trade Commission (“FTC”) in order for its $865 million acquisition of rival Datascope Corporation (“Datascope”) to proceed. The FTC believed that the proposed acquisition violated federal antitrust laws. Datascope is required to divest its endoscopic vessel harvesting (“EVH”) product line to an FTC…

On January 23, 2009, Dow Chemical Company (“Dow”) settled charges with the Federal Trade Commission (“FTC”) in order for its $18.8 million acquisition of rival Rohm & Haas Company (“R&H”) to proceed. Dow agreed to sell a range of assets to an FTC approved buyer and put in place mechanisms to ensure Dow will not…

On January 14, 2009, the Federal Trade Commission (“FTC”) filed a suit to block the proposed $540 million assets and interest acquisition of Pavestone Co. (“Pavestone”) by rival Oldcastle Architectural, Inc. (“Oldcastle”) because it would reduce competition in the manufacture and sale of drycast concrete hardscapes. Both companies manufacture and sell drycast concrete hardscape products,…