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FTC Further Modifies 2019 Order Requiring Praxair, Inc. and Linde AG to Sell Assets in Nine Industrial Gases Product Markets
Linde AG and Praxair, Inc., In the Matter of
In 2019, following a public comment period, the FTC has approved a modified final order requiring industrial gas suppliers Praxair, Inc. and Linde AG to sell assets in nine industrial gases product markets in numerous U.S. geographic markets to four divestiture buyers. The nine product markets in which the Commission alleged harm in its October 2018 complaint are bulk liquid oxygen, bulk liquid nitrogen, bulk liquid argon, bulk liquid carbon dioxide, bulk liquid hydrogen, bulk refined helium, on-site hydrogen, on-site carbon monoxide, and excimer laser gases. In November 2022, the FTC announced the approval of a petition to modify the final order in this case.
Statement of Commissioner Rebecca Kelly Slaughter Joined by Chair Lina M. Khan
FTC Staff Opposes Proposed Certificate of Public Advantage That Could Shield SUNY Upstate Medical University’s Acquisition of Crouse Health System from Antitrust Scrutiny
FTC Approves Final Order against JAB Consumer Partners to Protect Pet Owners from Private Equity Firm’s Rollup of Veterinary Services Clinics
JAB Consumer Partners/VIPW/Ethos Veterinary Health, In the Matter of
The FTC imposed strict limits on JAB Consumer Partners’ future acquisitions of specialty and emergency veterinary clinics as a condition of JAB’s proposed $1.65 billion acquisition of VIPW, LLC, the parent of Ethos, an owner and operator of specialty and emergency veterinary clinics. The Commission alleged that the acquisition was likely to be anticompetitive in four geographic markets, ordering divestitures for various types of veterinary care in and around Richmond, Virginia, in and around the Washington DC Metro Area, particularly for customers to the southeast in Virginia and Maryland, in and around Denver, Colorado, and in and around downtown San Francisco, California. The Commission finalized the order in October 2022.
FTC Approves Consent Order Addressing Concerns Over Tractor Supply’s Acquisition of Orscheln Farm and Home
Meta Platforms, Inc./Mark Zuckerberg/Within Unlimited, FTC v.
The Federal Trade Commission authorized a lawsuit in federal court to block the proposed merger between virtual reality (VR) giant Meta and Within Unlimited, the VR studio that markets Supernatural, a leading VR fitness app. Formerly known as Facebook Inc., Meta sells the most widely used VR headset, operates a widely used VR app store, and already owns many popular VR apps, including Beat Saber, reportedly one of the best-selling VR apps of all time, which it markets for fitness use. The agency alleges that Meta’s proposed acquisition of Within would stifle competition and dampen innovation in the dynamic, rapidly growing U.S. markets for fitness and dedicated-fitness VR apps. A federal court complaint and request for preliminary relief was filed in U.S. District Court for the Northern District of California to halt the transaction.
Biglari Holdings Inc.
Restaurant chain owner and investment fund operator Biglari Holdings Inc. will pay a $1.4 million civil penalty to settle charges that two acquisitions it made on March 26, 2020 of shares of restaurant operator Cracker Barrel Old Country Store, Inc. violated the Hart-Scott-Rodino Act. According to the complaint, these two acquisitions, together with Biglari’s prior holdings of Cracker Barrel, caused it to exceed an HSR filing threshold, triggering its obligation to file an HSR Form and wait before completing the acquisition. Failing to do so violated the HSR Act.
FTC Approves Final Order Requiring EnCap to Sell Off EP Energy Corp’s. Entire Utah Oil Business
Administrative Law Judge Dismisses FTC’s Challenge of Illumina’s Proposed Acquisition of Cancer Detection Test Maker Grail
Agency Information Collection Activities; Proposed Collection; Comment Request; Extension (HSR Rules)
FTC Approves Final Order Restoring Competitive Markets for Gasoline and Diesel in Michigan and Ohio
FTC Approves Final Order to Protect South Carolina and Alabama Markets from Anticompetitive Gasoline Terminal Deal
ARKO/GPM Investments, In the Matter of
The Federal Trade Commission required ARKO Corp. and its subsidiary GPM to roll back anticompetitive provisions of their acquisition of 60 Express Stop retail fuel outlets from Corrigan Oil Company last year. The complaint alleged that as originally proposed, the agreement not to compete that ARKO and GPM required Corrigan to sign as part of the acquisition harmed customers in local retail gasoline and retail diesel fuel markets throughout Michigan and Ohio. The order required them to amend a non-compete agreement they imposed on Corrigan, agree to obtain prior approval from the Commission before acquiring retail fuel assets under certain circumstances, and return to Corrigan five retail fuel outlets, among other provisions. On Aug. 9, 2022, the Commission announced the final consent agreement in this matter.
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