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Articles Posted in FTC Antitrust Highlights

FTC ADVISES ROCHESTER PHYSICIAN ORGINIZATION IT WILL NOT RECOMMEND ANTITRUST CHALLENGE TO PROPOSAL FOR “CLINICAL INTEGRATION” PROGRAM
Doyle, Barlow & Mazard PLLC

On September 21, 2007, Federal Trade Commission advised the Greater Rochester Independent Practice Association, Inc. (GRIPA), that it had no present intention to challenge the organization’s planned conversion to a non-exclusive physician network joint venture. GRIPA requested a staff advisory opinion regarding its proposal to combine and coordinate the provision of medical services to patients.…

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FTC Challenges Jarden Corp.’s Proposed Acquisition of K2 Incorporated
Doyle, Barlow & Mazard PLLC

On August 9, 2007, the Federal Trade Commission announced a complaint challenging Jarden Corporation’s (Jarden) proposed $1.2 billion acquisition of sporting equipment manufacturer K2 Incorporated (K2). FTC alleges that the deal would be anticompetitive and detrimental to consumers of monofilament fishing line. Monofilament fishing line is the most widely-used and least expensive type of fishing…

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Commission Rules that Evanston Northwestern Healthcare Corp.’s Acquisition of Highland Park Hospital Was Anticompetitive but doesn’t order divestiture
Doyle, Barlow & Mazard PLLC

On August 7, 2007, the Federal Trade Commission overruled its in-house judge’s previous decision to break up a seven year old hospital merger, allowing it to stay intact even though the deal caused prices to increase. Evanston Northwestern Healthcare Corporation (ENH) acquired Highland Park Hospital in January 2000, and as a result, combined ENH’s Evanston…

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IHOP buys Applebee’s for $1.9 billion
Doyle, Barlow & Mazard PLLC

IHOP Corporation announced its plans to buy Applebee’s International Inc. for $25.50 per share, as the newly restructured company seeks growth outside its pancake chain. IHOP franchises almost all of its restaurants, and believes it can improve the currently struggling chain by franchising a majority of Applebee’s 508 company-operated restaurants. Applebee’s said earlier this year…

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FTC Approves Final Consent Order in Matter of DirectRevenue LLC, et al.; FTC Approves Final Consent Order in Matter of Sony BMG Music Entertainment
Doyle, Barlow & Mazard PLLC

On June 29, the FTC approved a final consent order in the matter concerning DirectRevenue, LLC, et al. with a vote of 4-1, with Commissioner Jon Leibowitz voting no and issuing a dissenting statement. The FTC also approved a final consent order in the matter of Sony BMG Music Entertainment, with a vote of 5-0.…

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FTC Issues Administrative Complaint Seeking to Block Whole Foods Market’s Acquisition of Wild Oats Markets
Doyle, Barlow & Mazard PLLC

On June 28, the FTC issued a complaint challenging Whole Foods Market Inc.’s approximately $670 million acquisition of Wild Oats Markets Inc. under the grounds that this transaction would violate federal antitrust laws by eliminating the substantial competition between these two uniquely close competitors in the operation of premium natural and organic supermarkets nationwide. The…

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FTC Seeks to Block Whole Foods Market’s Acquisition of Wild Oats Markets
Doyle, Barlow & Mazard PLLC

On June 5, the FTC authorized the staff to seek a temporary restraining order and preliminary injunction in federal district court to halt Whole Foods Market, Inc.’s approximately $670 million acquisition of its chief rival, Wild Oats Markets, Inc., pending an administrative trial on the merits. According to the complaint, the transaction would violate federal…

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FTC Challenges Rite Aid’s Proposed $3.5 Billion Acquisition of Brooks and Eckerd Pharmacies from Canada’s Jean Coutu Group, Inc.
Doyle, Barlow & Mazard PLLC

On June 4, the FTC entered into a settlement to resolve its concerns relating to Rite Aid Corporation’s proposed $3.5 billion acquisition of the Brooks and Eckerd pharmacies from Canada’s Jean Coutu Group (PJC), Inc. Rite Aid and Jean Coutu were required to sell 23 pharmacies to FTC-approved buyers in order to remedy the alleged…

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FTC Chairman Deborah Platt Majoras Participated in Sixth Annual International Competition Network Conference in Moscow, Russia
Doyle, Barlow & Mazard PLLC

On May 24, FTC Chairman Deborah Platt Majoras participated in the sixth annual International Competition Network (“ICN”) Conference in Moscow, Russia, from May 30-June 1, 2007. Senior government antitrust officials, private sector antitrust experts from around the world, and representatives from intergovernmental organizations met to discuss competition issues. The ICN conference focused on the recent…

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FTC Testifies Before Congress on Petroleum Industry Consolidation
Doyle, Barlow & Mazard PLLC

On May 23, Bureau of Economics Director Michael A. Salinger described the FTC’s initiatives to protect competitive markets in the production, distribution, and sale of gasoline through the agency’s comprehensive merger program on behalf of the FTC before the U.S. Congress’ Joint Economic Committee. Although the FTC does not regulate energy market sectors, the agency…

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