Antitrust Lawyer Blog

On November 10, 2014, the American Antitrust Institute (“AAI”) announced that Diana Moss will succeed founder Albert Foer as President and CEO of the leading competition advocacy group, effective January 2015. “I speak for the entire AAI Board of Directors in enthusiastically welcoming Diana as our new President and CEO as of this coming January.…

On November 3, 2014, the Department of Justice’s Antitrust Division challenged National CineMedia, Inc.’s (“NCM”) proposed acquisition of Screenvision by filing a lawsuit in federal court.  The transaction would have combined the only two significant cinema advertising networks in the United States. Background   On May 5, 2014, NCM, Inc. entered into the Merger Agreement to…

On November 5, 2014, the DOJ announced that Embarcadero Technologies Inc. and CA Inc. terminated Embarcadero’s proposed acquisition of CA Inc.’s ERwin data modeling product suite. Background In March of 2014, Embarcadero Technologies announced that it would acquire CA Inc.’s ERwin data modeling suite. Data modeling software is used to view and streamline enterprise data,…

The Department of Justice’s Antitrust Division continues to send a strong message to individuals engaged in conspiracies to rig public real estate foreclosure auctions through criminal enforcement.  Punishing real estate investors engaged in illegal activity that harms struggling homeowners and financial institutions continues to be a priority for the Antirust Division. Alabama Public Real Estate…

On October 30, 2014, the Antitrust Division filed a complaint along with a proposed settlement agreement that allows Media General Inc.’s acquisition of LIN Media, LLC for $1.5 billion to be consummated, as long as the parties divest certain broadcast stations. Background Media General’s local broadcast stations and LIN’s stations in various designated marketing areas…

On October 2, 2014, the Department of Justice’s Antitrust Division announced through a business review letter CyperPoint International, LLC’s cyber intelligence data-sharing platform known as TruSTAR, as proposed, does not raise antitrust concerns that would warrant a challenge. Background Earlier this year, the DOJ and the Federal Trade Commission issued a joint policy statement recognizing that…

On September 17, the Senate Judiciary Committee held a hearing — “Why Net Neutrality Matters: Protecting Consumers and Competition Through Meaningful Open Internet Rules.”  The witnesses were: ·            Brad Burnham – Managing Partner, Union Square Ventures ·            Ruth Livier – Writer, Independent Producer, and Actress ·            Robert McDowell – Former Commissioner, Federal Communications Commission (FCC)…

On September 10, 2014, the House Judiciary Committee passed legislation to eliminate certain discrepancies between merger reviews conducted by the Federal Trade Commission and Department of Justice. The Standard Merger and Acquisition Reviews Through Equal Rules Act (SMARTER Act), H.R. 5402, introduced by Rep. Blake Farenthold (R-TX), would codify certain recommendations included in a 2007…

On September 8, 2014, the Federal Trade Commission (“FTC”) filed a complaint in the U.S. District Court for the Eastern District of Pennsylvania alleging that several major pharmaceutical companies with entering into an anticompetitive agreement that effectively blocks U.S. consumers’ access to lower-cost versions of the blockbuster drug AndroGel. Background on Reverse Payment The agreement…

The Federal Trade Commission will host a workshop entitled “Fraud Affects Every Community” on Oct. 29, 2014, in Washington to examine how fraud affects groups including older adults, United States service members and veterans, low-income communities, and African-Americans, Latinos, Asians Americans, and Native Americans. According to the FTC, this workshop is intended to examine the…