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Articles Posted in FTC Antitrust Highlights

FTC LAUNCHES ITS FTC GUIDE TO THE ANTITRUST LAWS
Doyle, Barlow & Mazard PLLC

On July 14, 2008, the Federal Trade Commission (“FTC”) announced the launch of a new online resource, the FTC Guide to the Antitrust Laws. This resource, written in layman’s terms summarizes the core laws that ban unfair business practices and prevent mergers that harm consumers, and explains how antitrust cases are brought by U.S., State,…

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FTC CHALLENGES PROPOSED ACQUISITION OF INEOS’S SODIUM SILICATE BUSINESSES BY CARLYLE PARTNERS
Doyle, Barlow & Mazard PLLC

On June 30, 2008, the Federal Trade Commission (“FTC”), in a 4-0 vote, issued a complaint against the proposed acquisition of INEOS Group Limited (“INEOS”) by Carlyle Partners IV (“Carlyle”). INEOS is the third largest sodium silicate producer and seller in the highly concentrated Midwest region of the United States. PQ Corporation (“PQ”), owned by…

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INOVA WITHDRAWS MERGER PLANS WITH PRICE WILLIAM HEATH SYSTEM AFTER THOROUGH FTC INVESTIGATION AND LAWSUITS
Doyle, Barlow & Mazard PLLC

On June 6, 2008, Inova Health System Foundation (“INOVA”) withdrew its offer to acquire Prince William Health System (“PWHS”) after determining that the FTC’s lawsuit to block the deal would not be resolved for a very long period of time. On May 12, 2008, the FTC filed a complaint in the U.S. District Court of…

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U.S COURT OF APPEALS FOR THE FIFTH CIRCUIT AFFIRMS FTC DECISION THAT THE NORTH TEXAS SPECIALTY PHYSICIANS ENGAGED IN ANTICOMPETITIVE PRACTICES
Doyle, Barlow & Mazard PLLC

On May 16, 2008, in a unanimous opinion, the U.S. Court of Appeals for the Fifth Circuit affirmed a 2006 Federal Trade Commission (“FTC”) decision that found the North Texas Specialty Physicians (“NTSP”), based in Fort Worth, TX, participated in horizontal price fixing activities. The Court found that the FTC’s decision was correct and there…

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FTC MODIFIES ORDER PROHIBITING NINE WEST GROUP, INC. FROM FIXING RETAIL PRICES WITH DEALERS
Doyle, Barlow & Mazard PLLC

On May 6, 2008 the Federal Trade Commission (“FTC”) modified its previous order in 2000 prohibiting Nine West Group, Inc. from fixing retail prices with dealers. The FTC modified the order by granting Nine West permission to engage in resale price maintenance (RPM) with a caveat that the company would have to provide periodic reports…

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FTC ENTERS INTO SETTLEMENT AGREEMENT IN A MERGER WITHOUT A SECOND REQUEST
Doyle, Barlow & Mazard PLLC

On May 5, 2008, in 4-0 vote, the Federal Trade Commission (“FTC”) entered into a settlement agreement that allowed Agrium, Inc. to buy UAP Holding Corporation (“UAP”) for $2.5 billion, making UAP a wholly owned subsidiary of Agrium. Agrium is required to sell five UAP farm stores in Michigan and two Agrium stores in Maryland…

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FTC ORDERS REMEDY TO RESTORE COMPETITION BETWEEN EVANSTON NORTHWESTERN HEALTHCARE CORPORATION AND HIGHLAND PARK HOSPITAL
Doyle, Barlow & Mazard PLLC

On April 28, 2008, the Federal Trade Commission (“FTC”) issued its final order and opinion enabling the lost competition between Chicago-based Evanston Northwestern Healthcare Corporation (“ENH”) and Highland Park Hospital. In October 2005, an administrative law judge ruled that ENH’s acquisition of Highland Park Hospital was anticompetitive and violated federal antitrust law. In August 2007,…

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FTC SETTLES WITH TALX CORP REGARDING ITS ACQUISITIONS OF UNEMPLOYMENT COMPENSATION MANAGEMENT AND EMPLOYMENT VERIFICATION SERVICE PROVIDERS
Doyle, Barlow & Mazard PLLC

On April 28, 2008, the Federal Trade Commission (“FTC”) entered into a settlement agreement with TALX Corporation regarding its acquisitions of various unemployment compensation management (“UCM”) and verification of income and employment (“VOIE”) services. UCM consists of administering, on behalf of large, multi-state employers, unemployment compensation claims filed with a state or territory. VOIE consists…

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KANSAS OWNER OF COMPUTER SERVICE COMPANIES AND FAMILY MEMBER CHARGED WITH CONSPIRING TO DEFRAUD FCC E-RATE PROGRAM
Doyle, Barlow & Mazard PLLC

On April 24, 2008, Leonard Douglas “Doug” LaDuron, a former owner of three Kansas computer service companies (Serious ISP Inc., Myco Technologies Inc. and Elephantine Corporation), and his mother, Mary Jo LaDuron (a.k.a. Mary Jo Gault) pled guilty to conspiracy charges to defraud the Federal Communications Commission’s (“FCC”) E-Rate Program. The E-Rate Program was authorized…

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FTC FILES COMMENT WITH FERC ON COMPETITION IN WHOLESALE ELECTRICITY
Doyle, Barlow & Mazard PLLC

On April 18, 2008, the Federal Trade Commission (“FTC”) filed a comment with the Federal Energy Regulatory Commission (“FERC”) regarding an earlier notice of proposed rulemaking (“NOPR”) that sought to provide consumers incentives to reduce power use. FERC proposed to provide consumers with incentives to reduce power use when electricity is scarce and expensive at…

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