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Healthspan Solutions, L.L.C. (BeneVia nutrition drinks)
Food Marketed to Children: Forum on Interagency Working Group Proposal
FTC Approves Final Order Settling Deceptive Advertising Charges Against Former POM Wonderful Vice President Mark Dreher
FTC Staff Expresses Support for Proposed Modification to New Jersey Gasoline Pricing Law; FTC Approves Modified Final Order Settling Charges that PepsiCos Acquisition of Pepsi Bottling Group and PepsiAmericas was Anticompetitive
PepsiCo, Inc., In the Matter of
The Commission required that carbonated soft drink company PepsiCo, Inc. restrict its access to confidential business competitive information of rival Dr Pepper Snapple Group as a condition for proceeding with PepsiCo’s proposed $7.8 billion acquisition of its two largest bottlers and distributors, which also distribute Dr Pepper Snapple Group carbonated soft drinks.
FTC Complaint Charges Deceptive Advertising by POM Wonderful
Sizing Up Food Marketing and Childhood Obesity
Pernod Ricard S.A., In the Matter of
The Commission challenged Pernod Ricard SA’s proposed $9 billion acquisition of V&S Vin & Spirit as harmful to competition among suppliers of “super-premium” vodka. The proposed deal would have merged the two leading brands, Absolut and Stolichnaya, and allowed Pernod to raise prices profitably on both brands. Additionally, the complaint alleges that the markets for cognac, domestic cordials, coffee liqueur, and popular gin would be subject to anticompetitive effects because sensitive pricing and promotion information for Beam Global Brands, a competitor in these product markets, would be available to Pernod after the acquisition as a result of Beam’s joint venture with V&S. The Commission settled the charges by requiring Pernod to divest its distribution interests in Stolichnaya Vodka, and to erect a firewall to prevent the sharing of any competitively sensitive information from Beam Global Brands with Pernod employees.
McCormick & Company, Incorporated, In the Matter of
The Commission challenged McCormick & Company’s $605 million acquisition of Lawry’s and Adolph’s brands of seasoned salt products from Unilever N.V., alleging that the transaction would be detrimental to competition in the highly concentrated U.S. market for seasoned salts. According to the Commission’s complaint, the proposed deal would combine the two companies that comprise almost the entire $100 million market for seasoned salt, increasing the likelihood that McCormick would be able unilaterally to increase prices. McCormick agreed to divest its Season-All business to Morton, an FTC approved buyer, within 10 days of completing the acquisition.
FTC Report Sheds New Light on Food Marketing to Children and Adolescents
Weighing In: A Check-Up on Marketing, Self-Regulation, & Childhood Obesity
Nestle Holdings, Inc.; Dreyer's Grand Ice Cream Holdings, Inc.; and Dreyer's Grand Ice Cream, Inc.
The Commission authorized staff to seek a preliminary injunction to block the merger of Nestlé and Dreyer’s Grand Ice Cream, Inc. on grounds that the merger would reduce competition in the highly concentrated market for super-premium ice cream. Nestlé markets super-premium ice cream under the Häagen Dazs brand; Dreyer’s super-premium brands include Dreamery, Godiva and Starbucks. Before the complaint was filed in a federal district court, the parties agreed to enter into a consent agreement to settle the charges. The final order requires the divestiture of super-premium ice cream brands Dreamery and Godiva, the Whole Fruit sorbet brand, and Nestlé’s distribution assets to CoolBrands International, Inc.
Perspectives on Marketing, Self-Regulation, and Childhood Obesity
FTC Staff: New York Direct Shipment of Wine Bills Would Promote E-commerce and Consumer Welfare
Koninklijke DSM N.V., Roche Holding AG, and Fritz Gerber, In the Matter of
The FTC charged that, as proposed, DSM's purchase of RV&FC would have a significant adverse effect on competition in the worldwide market for phytase. Phytase is an enzyme added to certain animal feed to promote the digestion of nutrients necessary for livestock production. According to the complaint, absent relief, the transaction would lead to DSM being part of alliances that supply more than 90 percent of the $150 million phytase market worldwide. A consent order permitted DSM N.V. to acquire the Vitamins and Fine Chemicals Division of Roche Holding AG but requires DSM to divest its phytase business to BASF AG.
Hicks, Muse, Tate & Furst; Pinnacle Foods Corporation; Philip Morris Companies, Inc.; and Kraft Foods North America, Inc., FTC
The Commission authorized staff to seek a preliminary injunction to block the proposed acquisition of Claussen Pickle Company by Hicks, Muse, Tate & Furst Equity Fund V L.P., the owner of Vlasic Pickle Company on grounds that the transaction would combine the dominant firm in the market for refrigerated pickles (Claussen) with its most significant competitor in refrigerated pickles (Vlasic). Six days after the complaint was filed in federal district court, the parties abandoned the transaction.
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