Articles Posted in Merger Highlights

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…

On June 12, the DOJ, First Busey Corporation, a financial holding company headquartered in Urbana, Illinois, with approximately $2.5 billion in assets, and Main Street Trust Inc., a financial holding company headquartered in Champaign, Illinois with about $1.6 billion in assets, entered into a settlement where the parties agreed to sell five branch offices with…

On June 11, the DOJ issued a statement after announcing the closing of the investigation of CBOT Holdings Inc. by Chicago Mercantile Exchange Holdings Inc. After an extensive investigation of both the Chicago Mercantile Exchange’s (“CME”) proposed acquisition of CBOT and the 2003 agreement under which CME provides clearing services to CBOT, the Antitrust Division…

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…

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…

On May 31, the Monsanto Company and Delta & Pine Land Company (“DPL”) were required to divest a significant seed company, multiple cottonseed lines, and other valuable assets in order to proceed with their $1.5 billion merger. Monsanto was also required to change certain license agreements as a condition for proceeding with its acquisition of…

On May 21, Mr. James D. Dondero, a Texas hedge fund manager, entered a settlement with the DOJ where he agreed to pay $250,000 for alleged charges of violating premerger reporting requirements. According to the complaint, Mr. Dondero acquired stock of Motient Corp. (“Motient”), based in Reston, Virgina, where he served on the board of…

On May 4, after an investigation, the Antitrust Division determined that Smithfield’s proposed acquisition of Premium Standard Farms was not likely to harm competition, consumers or farmers. The Division’s investigation of the merger of these pork packers and processors focused on fresh and processed pork, the purchase of hogs from farmers, and the purchase of…

On May 2, the DOJ filed an amended complaint in U.S. District Court in Washington, D.C., naming Rinker Group Limited as a defendant in the DOJ antitrust lawsuit against Cemex S.A.B. de C.V because the Rinker Board of Directors approved Cemex’s cash tender offer for Rinker. Cemex and Rinker were required to preserve the assets…

On April 18, the DOJ reached a settlement with Chicago-based Amsted Industries Incorporated in order to remedy harm to competition arising from its December 2005 acquisition of FM Industries (“FMI”). Before the acquisition could be approved Amstead had to divest certain assets. FMI formerly was a wholly owned subsidiary of Progress Rail Services Holding Corporation.…