Articles Posted in FTC Antitrust Highlights

On June 22, 2017, the Federal Trade Commission and the Attorney General of North Dakota filed a complaint to block Sanford Health’s proposed acquisition of Mid Dakota Clinic, seeking a temporary restraining order and preliminary injunction to stop the deal and to maintain the status quo pending an administrative trial on the merits of the…

On June 19, 2017, the Trump Administration’s Federal Trade Commission (“FTC”) authorized the staff to file an antitrust complaint to block the merger of DraftKings and FanDuel, the two largest daily fantasy sports (“DFS”) sites.  The state of California and the District of Columbia Attorneys General joined in the lawsuit.  The FTC’s legal challenge is…

On April 5, 2017, the EC approved China National Chemical Corporation’s (“ChemChina”) proposed acquisition of  Syngenta AG (“Syngenta).  The approval is conditional on the divestiture of significant parts of ChemChina’s European pesticide and plant growth regulator business. Syngenta is the leading pesticide supplier worldwide. ChemChina is currently active in pesticide markets in Europe through Adama,…

On April 4, 2017, the FTC entered into a settlement agreement with China National Chemical Corporation (“ChemChina”) and Syngenta AG whereby the parties agreed to divest three types of pesticides, in order to resolve antitrust concerns with its merger. Syngenta is the leading pesticide supplier worldwide. ChemChina is currently active in pesticide markets in the…

On February 28, 2017, U.S. District Judge Emmet Sullivan ruled that Pennsylvania and the District of Columbia AGs were not entitled to $175,000 in legal fees for their efforts in the Federal Trade Commission’s (“FTC”) challenge to Staples Inc.’s proposed acquisition of Office Depot. The FTC clearly took the lead and won a preliminary injunction…

On February 16, 2017, Maureen K. Ohlhausen, Acting Chairman of FTC, announced that she appointed Abbott (Tad) Lipsky, a partner at the law firm of Latham & Watkins LLP, to be the Acting Director of the FTC’s Bureau of Competition, effective March 6, 2017. Lipsky brings with him over 40 years of experience in antitrust…

On February 16, 2017, the United States Federal Trade Commission (“FTC”) announced that energy infrastructure companies Enbridge Inc. (“Enbridge”) and Spectra Energy Corp (“Spectra”) agreed to settle FTC charges that the proposed $28 billion merger of Enbridge and Spectra likely would harm competition in the market for pipeline transportation of natural gas in three production…

On February 3, 2017, the U.S. Federal Trade Commission (“FTC”) released a study entitled “The FTC’s Merger Remedies 2006-2012” (“Remedy Study”). The Remedy Study, a report of the FTC’s Bureaus of Competition and Economics, examines 89 merger orders affecting 400 markets, with 79 divestitures to 121 buyers, and evaluates 50 of those orders using a…

On February 3, 2017, Maureen Ohlhausen, Acting Chair of the Federal Trade Commission (“FTC”) gave a speech entitled “The FTC’s Path Ahead”. She said her antitrust philosophy is that she believes “in the power of the markets-when free of restraints and unnecessary regulations-to provide the best outcomes for consumers.” She believes in the “rigorous application…

On January 13, 2017, United States Federal Trade Commission (“FTC”) Chairwoman Edith Ramirez announced her resignation from the FTC, effective February 10, 2017.  This would leave the agency with two commissioners.  One Republican and one Democrat, Terrell McSweeny.  It is expected that the new interim FTC Commissioner will be Republican Maureen Ohlhausen.