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Antitrust Lawyer Blog

Accountable Care Organizations: Dilemma or Opportunity
Doyle, Barlow & Mazard PLLC

The Affordable Care Act of 2010 encourages health care providers to form integrated organizations to jointly offer services in order to reduce costs and improve the quality of health care in the United States. Section 3022 of the Act provides for the formation of Accountable Care Organizations (“ACOs”) to serve fee-for-service Medicare beneficiaries through Medicare's…

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FTC Settlement Requires Grifols to Divest Assets in the Plasma-Derived Drug Industry
Doyle, Barlow & Mazard PLLC

On June 1, 2011, the Federal Trade Commission (“FTC”) entered into a consent agreement with Grifols, S.A. (“Grifols”), a Spain based manufacturer of plasma-derived drugs requiring Grifols to make significant divestitures as part of a settlement allowing Grifols to acquire a leading plasma-derived drug manufacturer, Talecris Biotherapeutics Holdings Corp. The antitrust review took approximately a…

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DOJ Files Antitrust Lawsuit to Stop H&R Block From Buying TaxAct
Doyle, Barlow & Mazard PLLC

On May 23, 2011, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit to block H&R Block Inc.'s (“H&R”) proposed acquisition of TaxAct, a digital do-it-yourself tax preparation software provider. The DOJ's Antitrust Division filed its lawsuit in U.S. District Court in Washington, D.C., to prevent H&R Block from acquiring 2SS Holdings Inc., an…

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VeriFone and Hypercom Abandon Planned Divestiture of Hypercom’s U.S. Assets When Faced With DOJ’s Lawsuit
Doyle, Barlow & Mazard PLLC

On May 20, 2011, the DOJ announced that VeriFone Systems Inc.(“VeriFone”), Hypercom Corp. (“Hypercom”), and Ingenico S.A. (“Ingenico”) abandoned plans for Hypercom to divest its U.S. point-of-sale (“POS”) business to Ingenico as the Department of Justice (“DOJ”) did not find the divestiture adequate to resolve the competitive concerns raised by the VeriFone/Hypercom transaction. The divestiture…

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DOJ Challenges George’s Inc.’s Consummated Acquisition of Tyson Foods Inc.’s Harrisonburg Poultry Processing Complex
Doyle, Barlow & Mazard PLLC

On May 10, 2011, the Department of Justice (“DOJ”) filed a civil antitrust lawsuit challenging George's Inc.'s (“George's”) acquisition of Tyson Foods' (“Tyson”) chicken processing complex in Harrisonburg, VA. This is a challenge to a consummated $3 million acquisition in a very limited geographic market in Virginia. The DOJ alleges that the consummated acquisition eliminates…

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DOJ Settles With Unilever on Alberto Culver Acquisition
Doyle, Barlow & Mazard PLLC

On May 6, 2011, Unilever NV (“Unilever”) and the U.S. Department of Justice (“DOJ”) reached an agreement to settle antitrust concerns over its $3.7 billion acquisition of hair care company Alberto-Culver Co. (“Alberto”). The DOJ's Antitrust Division filed a civil antitrust lawsuit in U.S. District Court in Washington, D.C. to block the proposed transaction between…

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DOJ Obtains Divesture in Stericycle Inc.’s Acquisition of Healthcare Waste Solutions
Doyle, Barlow & Mazard PLLC

On April 8, 2011, Stericycle Inc. (“Stericycle”) entered into a settlement agreement with Department of Justice (“DOJ”) allowing it to proceed with its acquisition of Healthcare Waste Solutions Inc. (“HWS”). The DOJ along with the attorney general of the state of New York filed an antitrust lawsuit to block the transaction and simultaneously filed a…

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DOJ Reaches Settlement with Dean Foods
Doyle, Barlow & Mazard PLLC

On March 29, 2011, Department of Justice (“DOJ”) reached a settlement with Dean Foods Company (“Dean”) that requires Dean to divest a significant milk processing plant in Waukesha, Wis., and related assets that it acquired from the Foremost Farms USA Cooperative, including the Golden Guernsey brand name. The DOJ's Antitrust Division and state attorneys general…

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Canadian Competition Bureau Blocks First Merger After 6 Years – And It’s A Non-Reportable, Consummated Transaction
Doyle, Barlow & Mazard PLLC

On January 26, 2011, in a surprising enforcement action, the Canadian Competition Bureau publically announced its application to the Competition Tribunal for an order to undo the consummated acquisition by CCS Corporation (“CCS”) of Complete Environmental Inc. (“Complete”) and its proposed Babkirk Secure Landfill in northeastern British Columbia (Babkirk”). The Competition Bureau determined, following a…

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