The Eight Circuit, in FTC v. Lundbeck, Inc., No. 10-3458/3459 (Aug. 19, 2011), upheld the district court’s finding that the FTC failed to show a relevant market, and thus was unable to challenge the…
The U.S. Department of Justice today moved to block AT&T Corporation’s proposed acquisition of T-Mobile USA Inc. According to the Justice Department, the proposed acquisition would combine two of…
What really has the world come to when a merger to monopoly followed by a 1300% price increase survives Section 7 challenge?
That, sadly, seems to be the final result in Federal Trade Commission v…
Automated teller machine maker Nautilus Hyosung Holdings Inc. has been charged with obstruction of justice for submitting false documents to the government in its attempt to obtain U.S.antitrust…
Nasdaq OMX Group, Inc. and IntercontinentalExchange (ICE) have withdrawn their proposal to acquire NYSE Euronext in the face of antitrust objections from the U.S. Department of Justice.
The Justice…
Time will tell whether it is a good idea to consummate an acquisition while the Department of Justice Antitrust Division is still investigating.
On May 10, the Antitrust Division filed a complaint in…
A decision to watch for this year is the Eighth Circuit’s pending consideration of FTC v. Lundbeck, Inc., 2010-2 Trade Cases ¶77,160; 2010 WL 3810015 (D. Minn. Aug. 31, 2010). (While I helped draft…
The FTC has suffered a setback in its challenge to Laboratory Corporation of America’s acquisition of Westcliff Medical Laboratories, Inc. The federal district court in Santa Ana, California, on…
Information sharing between merging parties is a crucial part of pre-merger due diligence, yet courts have rarely weighed in to clarify when, if ever, such information exchanges run afoul of the…
