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Articles Posted in FTC Antitrust Highlights

FTC Continues to Challenge Consummated Mergers
Doyle, Barlow & Mazard PLLC

On July 7, the Federal Trade Commission (“FTC”) challenged Hologic Inc.’s 2005 purchase of Fischer Imaging Corporation’s breast cancer screening and diagnosis business. Hologic closed its $32 million transaction without reporting it to the FTC because Hologic’s acquisition of Fischer’s assets was not reportable under the Hart-Scott-Rodino Premerger Notification Act (“HSR Act”), as it was…

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FTC Challenges Hologic/Fischer Imaging Deal
Doyle, Barlow & Mazard PLLC

On July 7, the Federal Trade Commission announced its decision to challenge Hologic Inc.'s 2005 purchase of the breast cancer screening and diagnosis business of Fischer Imaging Corporation. In its complaint, the FTC alleged that Hologic's acquisition of Fischer's prone stereotactic breast biopsy systems (“SBBSs”) business harmed American consumers by eliminating its only significant competitor…

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FTC/DOJ File Joint Comments with NY State Assembly on the Unauthorized Practice of Law
Doyle, Barlow & Mazard PLLC

On June 27, the Commission authorized the filing of comments, prepared jointly with the U.S. Department of Justice's Antitrust Division, with the New York State Assembly Committee on the Judiciary regarding proposed legislation to expand the scope of activities constituting the unauthorized practice of law. In the comments, the FTC and DOJ address Assembly Bill…

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Supreme Court Rejects FTC’s Petition to Overturn Schering-Plough Decision Relating to Reverse Payments to Generics
Doyle, Barlow & Mazard PLLC

On June 26, the United States Supreme Court declined to hear the Federal Trade Commission’s (“FTC”) appeal of the Eleventh Circuit’s decision that Schering-Plough Corp. (“Schering”) legally paid two generic drug competitors to stay out of the market as part of a settlement to patent litigation. In the past, the FTC has taken a consistently…

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FTC Issues Statement on Whois Databases
Doyle, Barlow & Mazard PLLC

The Federal Trade Commission today told a meeting of the Internet Corporation for Assigned Names and Numbers that access to the Whois databases is “critical to the agency's consumer protection laws, to other law enforcement agencies around the world, and to consumers.” Whois databases are online information directories that contain contact information about website operators.…

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FTC/DOJ Allow Electronic Submission of Premerger Notification Filings
Doyle, Barlow & Mazard PLLC

On June 20, the Federal Trade Commission and the Department of Justice's Antitrust Division announced that they are implementing an electronic filing system that allows merging parties to submit via the Internet premerger notification filings required by the Hart-Scott-Rodino Act. Electronic filings may be submitted quickly and easily, eliminating the time and expense entailed in…

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FTC/DOJ File Joint Amicus Brief in Case of Latino Quimica-Amtex S.A. v. Atofina, et al.
Doyle, Barlow & Mazard PLLC

On June 6, the Federal Trade Commission authorized the filing of a joint amicus brief with the U.S. Department of Justice in the case of Latino Quimica-Amtex S.A. v. Atofina, et al., No. 05-5754-CV (2d Cir.). The case involves an international price-fixing conspiracy by manufacturers of two chemicals, sodium monochloroacetate and monochloroacetic acid, which are…

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FTC Releases Report on its “Investigation of Gasoline Price Manipulation and Post-Katrina Gasoline Price Increases”
Doyle, Barlow & Mazard PLLC

On May 22, the Federal Trade Commission today issued a report entitled “Investigation of Gasoline Price Manipulation and Post-Katrina Gasoline Price Increases.” The report details the results of an intensive, Congressionally-mandated Commission investigation into whether gasoline prices nationwide were “artificially manipulated by reducing refinery capacity or by any other form of market manipulation or price…

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FCC Chairman Pushes for Review of Adelphia Carve-Up
Doyle, Barlow & Mazard PLLC

On May 22, it was reported that FCC Chairman Kevin Martin is putting pressure on senior agency staff to complete their review of the $17.6 billion carve-up of Adelphia Communications Corp. (“Adelphia”) by Comcast Corp. (“Comcast”) and Time Warner Inc. (“Time Warner”). According to sources close to the agency, Martin hopes to receive a draft…

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