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FTC Approves Final Order Imposing Conditions on Joint Venture among Three Producers of PET Resin
Koninklijke Ahold and Delhaize Group, In the Matter of
Koninklijke Ahold and Delhaize Group, which together own and operate five well-known U.S. supermarket chains, have agreed to sell 81 stores to settle charges that their proposed $28 billion merger would likely be anticompetitive in 46 local markets in Delaware, Maryland, Massachusetts, New York, Pennsylvania, Virginia, and West Virginia. Ahold operated 760 supermarkets under the Stop & Shop, Giant, and Martin’s banners in ten Eastern states and the District of Columbia.Delhaize operated 1,291 supermarkets under the Food Lion and Hannaford banners in 14 Eastern and Southern states. Under the proposed consent agreement, Ahold and Delhaize will divest a total of 81 stores to seven divestiture buyers.
FTC Approves Application from Praxair and Linde for Sale of an Industrial Gases Plant to LyondellBasell Acetyls, LLC
FTC Announces Agenda for the Tenth Session of its Hearings on Competition and Consumer Protection in the 21st Century
FTC Approves Final Order Imposing Conditions on Penn National Gaming, Inc.’s Acquisition of Pinnacle Entertainment, Inc.
Penn National Gaming and Pinnacle Entertainment, In the Matter of
The FTC required casino operators Penn National Gaming, Inc. and Pinnacle Entertainment, Inc. to divest casino-related assets in three Midwestern cities to resolves charges that Penn’s $2.8 billion agreement to acquire Pinnacle likely would be anticompetitive. The complaint alleges that the proposed acquisition would harm competition for casino services in metropolitan St. Louis, Missouri; Kansas City, Missouri; and Cincinnati, Ohio. Casino services include gaming services such as slots and table games, as well as related lodging, entertainment, and food and beverage services, according to the complaint. Typically, casino operators generate the vast majority of their revenues from gaming. Casinos are highly regulated, with a limited number of licenses granted in any given state, as well as age restrictions on who can gamble. According to the complaint, the acquisition, if consummated, likely would eliminate direct competition between Penn and Pinnacle, increasing the likelihood that Penn would unilaterally exercise market power, and lead to higher prices and reduced quality for consumers of casino services.
Cephalon, Inc.
On 2/13/2008, the Commission filed a complaint in federal district court charging Cephalon, Inc. with preventing competition to its branded drug Provigil. The conduct under challenge includes paying four firms to refrain from selling generic versions of Provigil until 2012. Cephalon’s anticompetitive scheme, according to the Commission, denies patients access to lower-cost, generic versions of Provigil and forces consumers and other purchasers to pay hundreds of millions of dollars a year more for Provigil. According to the complaint, Cephalon entered into agreements with four generic drug manufacturers that each planned to sell a generic version of Provigil. Each of these companies had challenged the only remaining patent covering Provigil, one relating to the size of particles used in the product. The complaint charges that Cephalon was able to induce each of the generic companies to abandon its patent challenge and agree to refrain from selling a generic version of Provigil until 2012 by agreeing to pay the companies a total amount in excess of $200 million. In so doing, Cephalon achieved a result that assertion of its patent rights alone could not. In 2008, this case was transferred from the District Court of District of Columbia to the District Court for the Eastern District of Pennsylvania.
Statement of Chairman Simons, Commissioner Phillips, and Commissioner Wilson Concerning the Proposed Acquisition of NxStage Medical, Inc. by Fresenius Medical Care AG & Co. KGaA
Statement of Commissioner Chopra In the Matter of Fresenius Medical Care AG & Co. KGaA and NxStage Medical, Inc.
Statement of Commissioner Slaughter In the Matter of Fresenius Medical Care AG & Co. KGaA and NxStage Medical, Inc.
FTC Requires Fresenius Medical Care AG & KGaA and NxStage Medical, Inc. to Divest Bloodline Tubing Assets to B. Braun Medical, Inc. as a Condition of Merger
FTC Enters Global Settlement to Resolve Reverse-Payment Charges against Teva
Revised Jurisdictional Thresholds for Section 8 of the Clayton Act; Notice
Revised Jurisdictional Thresholds for Section 7A of the Clayton Act; Notice
FTC Announces Annual Update of Size of Transaction Thresholds for Premerger Notification Filings and Interlocking Directorates
Tronox Limited, et al.
FTC Bureau of Competition Director Bruce Hoffman issued the following statement regarding the U.S. District Court ruling today that granted the FTC’s request for a preliminary injunction in the proposed merger of Tronox Limited and Cristal. The companies are top suppliers in the United States and Canada of chloride process titanium dioxide (TiO2), a white pigment used in paints, industrial coatings, plastic and paper:
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