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Antitrust Lawyer Blog

ICE PACKAGING COMPANY AND ITS EXECUTIVES PLEAD GUILTY TO CUSTOMER ALLOCATION CONSPIRACY
Doyle, Barlow & Mazard PLLC

On October 13, 2009, Arctic Glacier International (“AGI”) and three of its former executives, Frank Larson (former senior VP of operations), Keith Corbin (former VP of sales), and Gary Cooley (former VP of sales and marketing), pled guilty for their role in a conspiracy to allocate customers of packaged-ice in the Detroit metropolitan area and…

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DOJ REQUIRES DIVESTITURES IN AT&T’S ACQUISITION OF CENTENNIAL
Doyle, Barlow & Mazard PLLC

On October 13, 2009, the Department of Justice (“DOJ”) settled with AT&T Inc. (“AT&T”) regarding its $944 million acquisition of Centennial Communications Corp. (“Centennial”). Specifically, AT&T is required to divest its assets in eight Cellular Marketing Areas (“CMA”), as defined by the Federal Communications Commission (“FCC”), in southwestern and central Louisiana and southwestern Mississippi in…

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FTC SETTLES REGARDING CARILION’S 2008 ACQUISITION OF TWO OUTPATIENT CLINICS IN VIRGINIA
Doyle, Barlow & Mazard PLLC

On October 7, 2009, the Federal Trade Commission (“FTC”) settled its litigation regarding Carilion Clinic’s (“Carilion”) acquisition of two outpatient clinics. On July 24, 2009, the FTC issued an administrative complaint challenging Carilion’s August 2008 acquisition of two outpatient clinics in the Roanoke, Virginia area. Prior to the acquisition, the Center for Advanced Imaging (“CAI”)…

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DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE
Doyle, Barlow & Mazard PLLC

On September 8, 2009, the Department of Justice announced that it would not challenge the formation of a Reliance Network, a joint venture between seven regional less-than-truckload (“LTL”) freight transportation companies, based on the representations made by the applicants. The Reliance Network is comprised of: Averitt Express Inc.; DATS Trucking Inc.; Lakeville Motor Express Inc.;…

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FTC SETTLES WITH K+S REGARDING ITS ACQUISITION OF MORTON INTERNATIONAL
Doyle, Barlow & Mazard PLLC

On September 25, 2009, the FTC settled with K+S Aktiengesellschaft (“K+S”) regarding its $1.68 billion proposed acquisition of Morton International, Inc. (“Morton”). The proposed merger would have combined K+S’s subsidiary, International Salt Company LLC (“ISCO”) with Morton. According to the FTC, the combined company would have enjoyed a 70% market share of the bulk de-icing…

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U.S. ANTITRUST AGENCIES TO EXPLORE CHANGES TO HORIZONTAL MERGER GUIDELINES
Doyle, Barlow & Mazard PLLC

On September 22, the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) announced that they will solicit public comment and hold joint public workshops to explore the possibility of updating the Horizontal Merger Guidelines that are used by both agencies to evaluate the potential competitive effects of mergers and acquisitions. The Merger Guidelines…

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DOJ PRESENTS CONCERNS TO COURT REGARDING GOOGLE’S BOOK SETTLEMENT
Doyle, Barlow & Mazard PLLC

On September 18, the DOJ presented its a statement of its views regarding the proposed class action settlement between the American Association of Publishers and Google. As the parties continue to modify the settlement agreement, the DOJ issued a statement of interest to the court to provide the court with the Antitrust Division’s concerns relating…

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DOJ WILL NOT CHALLENGE LTL FREIGHT TRANSPORTATION COMPANIES’ JOINT VENTURE
Doyle, Barlow & Mazard PLLC

On September 8, 2009, the Department of Justice announced that it would not challenge the formation of a Reliance Network, a joint venture between seven regional less-than-truckload (“LTL”) freight transportation companies, based on the representations made by the applicants. The Reliance Network is comprised of: Averitt Express Inc.; DATS Trucking Inc.; Lakeville Motor Express Inc.;…

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DOJ WILL NOT CHALLENGE HOSPITAL’S JOINT PURCHASING AGREEMENT
Doyle, Barlow & Mazard PLLC

On September 4, 2009, the Department of Justice (“DOJ”) announced that it would not challenge a joint purchasing agreement of certain medical supplies between Memorial Health, Inc (“Memorial”) and St. Joseph’s/Candler Health System (“St. Joseph’s/Candler”). The efficiencies produced by the joint purchasing agreement will reduce transactions for the hospitals and will result in lower costs…

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FTC STRESSES NEED TO CONSIDER COMPETITION AND CONSUMER PROTECTION IN NATIONAL BROADBAND PLAN
Doyle, Barlow & Mazard PLLC

On September 4, the FTC filed comments in response to the Federal Communications Commission (“FCC”) Notice of Inquiry regarding development of a National Broadband Plan that will seek to ensure that every American has access to broadband capability. In its comments, the FTC states that the FCC should take into consideration the FTC’s two primary…

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