On September 16, 2010, the United Kingdom's Office of Fair Trading (“OFT”) and the Competition Commission (“CC”) published the final version of their new joint Merger Assessment Guidelines (“Guidelines”). The Guidelines expand and revise the previous guidance published separately by OFT and CC in various publications and attempt to clarify the 2002 Enterprise Act. Key…
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On July 28, 2010, the FTC entered into a settlement agreement with Australian based Nufarm Limited (“Nufarm”) regarding its March 5, 2008 acquisition of all of the shares of United Kingdom-based A.H. Marks Holding Limited (“A.H. Marks”). Both companies held or had access to regulatory approvals from the United States Environmental Protection Agency (“EPA”) to…
Continue reading ›On March 29, the DOJ announced that it will not challenge Cisco Systems Inc.’s acquisition of Tandberg ASA. The EU also cleared the transaction, however, it required conditions for its approval. The DOJ concluded that the proposed deal was not anticompetitive because of the evolving nature of the videoconferencing market and the commitments that Cisco…
Continue reading ›On October 14, 2009, the Federal Trade Commission (“FTC”) settled with Pfizer Inc. regarding its proposed $68 billion acquisition of Wyeth. According to the FTC, the proposed transaction would have reduced competition in several U.S. markets for the manufacture and sale of animal vaccines and animal pharmaceutical products. Veterinarians and other animal health product customers…
Continue reading ›Although the Competition Commission of India (“CCI”) became functional on April 1, 2008, several other provisions of the Competition (Amendment) Act, 2007 (“Competition Act”) have not been notified. According to the Indian legislative process, the Act, even though passed by the Parliament, has to be notified by the President of India to become functional.…
Continue reading ›From June 3-5, 2009, Christine A. Varney, the Assistant Attorney General in charge of the Department of Justice’s (“DOJ”) Antitrust Division, will participate in the eighth annual International Competition Network (“ICN”) conference in Zurich, Switzerland. She will join senior government antitrust officials and other antitrust experts from multinational organizations and the private sector. The conference…
Continue reading ›On March 12, 2009, the most significant amendments in 20 years to Canada’s Bill-C10 Competition Act and Investment Canada Act received Royal assent. All parts of the Bill C-10 amendment will take immediate effect except the new hybrid/dual track conspiracy provisions which will be delayed for a year. Some of the provisions that will have…
Continue reading ›On December 19, 2008, Teva Pharmaceuticals Industries Ltd.’s settled charges that its proposed $8.9 billion acquisition of rival generic drug maker Barr Pharmaceuticals Inc. would be anticompetitive. The consent order required Teva and Barr to sell assets in 29 relevant markets, including generic drugs commonly used to treat acid reflux disease, various types of cancer,…
Continue reading ›On November 18, 2008, UK’s Office of Fair Trading (“OFT”) cleared InBev N.V/S.A.’s (“InBev”) $52 billion acquisition of Anheuser-Busch Companies Inc. (“Anheuser”). The new company, Anheuser-Busch InBev, will own InBev’s Stella Artois and Beck’s lager brands and Anheuser’s Budweiser lager brand. The transaction cleared the OFT without any conditions, even though the newly merged company…
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