Recent Articles

China’s Ministry of Commerce Passes Measures on Unreported Transactions

March 20, 2012 22:51

On December 30, 2011, China’s Ministry of Commerce (“MOFCOM”), the government agency tasked with merger review, formally promulgated new rules providing MOFCOM with clear procedural rules (and powers) to investigate and deal with reportable transactions that were not notified. These...On December...

Commission Declines to Seek Certiorari to Review Eighth Circuit’s Decision in FTC v. Lundbeck, Inc.

March 09, 2012 20:32

On January 20, 2012, the Federal Trade Commission (“Commission”) issued a statement by Chairman Leibowitz, Commissioner Ramirez, and Commissioner Brill stating the Commission’s intention not to seek review by the U.S. Supreme Court of the Eighth Circuit Court of Appeal’s...On January 20, 2012, the...

DOJ Requires Divestitures Allowing International Paper to Acquire Temple-Inland

March 09, 2012 20:27

On February 10, 2012, the Department of Justice (“Department”) entered into a settlement that allows International Paper to acquire Temple-Inland. The settlement agreement requires International Paper and Temple-Inland Inc. to divest three containerboard mills in order to proceed with their...On...

FTC to Revise Investigatory Rules, Attorney Disciplinary Rules

January 23, 2012 15:24

On January 13, 2012, the FTC issued proposed amendments to Parts 2 and 4 of its Rules of Practice (“Rules”). Written comments must be received by March 23, 2012....On January 13, 2012, the FTC issued proposed amendments to Parts 2 and 4 of its Rules of Practice (“Rules”). Written comments must be...

Promedica Health System Ordered to Divest St. Luke's Hospital

January 16, 2012 17:40

In an initial decision issued on January 5, 2012, FTC Chief Administrative Law Judge D. Michael Chappell ordered ProMedica Health System Inc to divest recently-acquired St. Luke’s Hospital to an FTC-approved buyer within 180 days after the order becomes final....In an initial decision issued on...

D.C. Circuit Gives FTC Broad Discovery Rights

January 03, 2012 13:55

In June 2009, the Federal Trade Commission (“FTC” or “the Commission”) authorized the staff to conduct an investigation to determine whether Church & Dwight was using exclusionary practices such as conditioning discounts or rebates to retailers on the percentage of...In June 2009, the Federal Trade...

DOJ Settles With Grupo Bimbo on Sara Lee Acquisition

December 16, 2011 20:54

On October 21, 2011, the DOJ Antitrust Division (“DOJ”) filed a civil lawsuit in U.S. District Court in Washington, D.C. to prevent Grupo Bimbo S.A.B. de C.V. and BBU Inc. (collectively, “BBU”) from acquiring Sara Lee Corporation’s (“Sara Lee”) North...On October 21, 2011, the DOJ Antitrust...

FTC Settles With Pool Supplier Regarding Exclusive Dealing Practices

December 09, 2011 20:37

On November 21, 2011, the Federal Trade Commission (“FTC”) settled allegations of violations of Section 5 of the Federal Trade Commission Act, 15 U.S.C. 45 (“FTC Act”) against Pool Corporation (“PoolCorp”). PoolCorp and the FTC reached a proposed consent agreement...On November 21, 2011, the...

Hudson Institute’s Antitrust Policy in an Age of Rapid Innovation

December 09, 2011 18:11

In light of the Department of Justice’s attempt to block telecom giant, AT&T from acquiring T-Mobile, the Hudson Institute recently released a report discussing antitrust policy as it applies to the growth of innovation. See Irwin Stelzer, Antitrust Policy in...In light of the Department of...

The Foreign Trade Antitrust Improvements Act, Twombly & Iqbal: Is Compliance Practical?

November 01, 2011 18:39

On September 23, 2011, the Seventh Circuit Court of Appeals dismissed a case brought by a group of corporations that filed an antitrust suit against the major players in the potash industry, ruling that plaintiffs failed to allege specific facts...On September 23, 2011, the Seventh Circuit Court of...