Civil Remedies Mergers & Acquisitions Antitrust & Trade Regulation

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Five Million Dollar Penalty is Stark Reminder About "Gun Jumping"

On November 7, 2014, the Antitrust Division of the Department of Justice ("DOJ") announced that it had imposed a civil penalty of $3.8M and disgorgement of $1.15M in profits on Flakeboard America Limited (and its parent...more

New Guidance on Gun Jumping - DOJ Antitrust Division Settlement Clarifies the Risks of Pre-Closing Coordination, while...

Just five weeks after the Antitrust Division of the U.S. Department of Justice announced that Flakeboard America had abandoned its plan to acquire a medium-density fiberboard (MDF) mill and two particleboard mills from...more

“Gun-Jumping” Companies Must Pay $3.8 Million in Fines and Disgorge $1.15 Million in Illegally Obtained Profits

Recently the Antitrust Division of the U.S. Department of Justice (DOJ) reached a $5 million settlement with Flakeboard America Limited, its parents and SierraPine to settle allegations that the parties engaged in...more

Transaction Parties Pay Hefty Antitrust Fines for Unlawful Premerger Coordination

On November 7, 2014, Flakeboard America Limited (Flakeboard), its parent companies, and SierraPine entered into a settlement with the Department of Justice (DOJ) resolving allegations that the parties engaged in illegal...more

DOJ Settles with Flakeboard and SierraPine for Gun-Jumping Action

On November 7, 2014, the Department of Justice Antitrust Division (“DOJ”) announced it had settled an enforcement action for improper premerger coordination (commonly referred to as “gun-jumping”) with Flakeboard America...more

A Cautionary Tale on Gun-Jumping: The Antitrust Division Expands its Use of Disgorgement in Enforcement of Civil Antitrust

The success of a merger or acquisition often largely depends on pre-closing planning and the rapid integration of the merged entities or acquired assets. In any transaction, the need for planning and speed create certain...more

DOJ Imposes $4.95 Million Fine for Pre-Closing U.S. Antitrust Violations

Pre-closing violations in United States v. Flakeboard & SierraPine provide a reminder of practical rules for handling pre-closing activities without hitting antitrust landmines....more

Antitrust Matters - July 2014 (Global)

In This Issue: - Back to the Future? Back to the Past! - Interview: African Merger Control: Interview with the COMESA Competition Commission EUROPE: *EUROPEAN UNION: - Comparing apples and...more

Points & Authorities - Spring 2014

In this Issue: - AB 1000 and Corporate Practice in California: More than Meets the Eye—or Less? - Loose Lips Sink Ships and Careless E-mails Torpedo a Transaction - New Faces - Points from the...more

German Court Rejects National Competition Authority Liability for Damages After Unlawful Prohibition of a Merger

The Higher Regional Court in Düsseldorf yesterday dismissed an action for damages of €1.1 billion brought by GN Store Nord against the German Federal Cartel Office. The judgment sheds some light on the possibility for...more

Acquirers Beware: Inadvertent Failure to Submit HSR Filing Results in Civil Penalty

On June 19, 2013, the Department of Justice, at the request of the Federal Trade Commission, filed a civil antitrust action against the investment firm of MacAndrews & Forbes Holdings, Inc. for purchasing additional voting...more

EU Court Decision Significantly Reduces Cartel Fines in Marine Hose Investigation

On May 17, 2013, the EU General Court partially annulled a 2009 European Commission decision in the Marine Hose cartel case and significantly reduced the fine imposed on hose manufacturer Parker ITR by nearly 75% from 25.61...more

MOFCOM Opens Public Consultation on Detailed Merger Remedies Proposals

I. Introduction - Since the inception of China’s Anti-monopoly Law in 2008, the Ministry of Commerce (“MOFCOM”), the government authority responsible for merger review, has taken an active role in analyzing and...more

MOFCOM Requests Public Comments on Draft Provisions Related to Remedies Imposed in Conditional Approvals

Since the Anti-monopoly Law (“AML”) has come into effect in August 2008, MOFCOM has issued 16 conditional approvals requiring certain structural or behavioral remedies in order to prevent the anticompetitive consequences...more

FTC and Pennsylvania Attorney General Seek to Block Reading Health System’s Proposed Acquisition of Surgical Institute of Reading

On November 16, 2012, the Federal Trade Commission (FTC) announced that the FTC and Pennsylvania Attorney General (AG) will jointly file a complaint in U.S. District Court for the Eastern District of Pennsylvania next week...more

It’s Tough to Prevail in Private Consumer Class Challenges to Mergers

In Kottaras v. Whole Foods Market, Inc. (D.D.C. Jan. 30, 2012), the court refused to certify a purported class of people who had bought premium, natural or organic products from Whole Foods in the Los Angeles area after Whole...more

Health Law Alert: SPECIAL FOCUS: ANTITRUST: Recent Enforcement Actions: Hospital Mergers

Rockford Hospitals Abandon Merger After Preliminary Injunction Order The proposed acquisition by OSF Healthcare System (OSF) of Rockford Health System (Rockford) is abandoned after the United States District Court for...more

Liberalizations Decree: Main Relevant Changes and Powers of the Italian Competition Authority

The main developments in antitrust are: 1. Merger Control (Art. 5-bis); From 1 January 2013: The Italian merger control thresholds will be cumulative and no longer alternative (i.e. the combined...more

FTC Granted Preliminary Injunction Against OSF Healthcare System/Rockford Health System

The U.S. District Court for the Northern District of Illinois granted the request for a preliminary injunction by the Federal Trade Commission (FTC), pending a full administrative trial before an FTC Administrative Law Judge...more

Rockford Returns — Part II: Court Grants FTC’s Preliminary Injunction Against Hospital Merger to Preserve Status Quo for...

In 1989, the Antitrust Division of the United States Department of Justice (DOJ) successfully challenged a proposed merger between Rockford Health System (Rockford) and SwedishAmerican Health System (SwedishAmerican), two of...more

"Competition Remedies for Mergers, Acquisitions and Joint Ventures: China’s Diverging Practice from EU and U.S. Agencies"

Companies contemplating global mergers, acquisitions and joint ventures should be aware that the Ministry of Commerce (MOFCOM), China’s antitrust agency tasked with merger control, is increasingly imposing competition...more

Federal District Judge Issues Permanent Injunction Against H&R Block's Acquisition of TaxACT in United States v. H&R Block, Inc.

On October 31, 2011, the U.S. District Court for the District of Columbia announced its decision to issue a permanent injunction blocking H&R Block's proposed acquisition of the company that markets the TaxACT line of...more

DOJ Antitrust Division Wins Major Victory in H&R Block Case

On November 10, 2011, Judge Beryl A. Howell of the District Court for the District of Columbia handed the Antitrust Division of the Department of Justice (DOJ) a significant victory when she enjoined the proposed merger of...more

A new landscape for competition enforcement: new challenges via e-discovery?

By Athina Kontosakou, Consulting Attorney 18 October 2011 – Almost a month before the adoption of a package of measures improving the system of competition enforcement in Europe, we attended the 15th Annual Competition...more

Antitrust Division Issues Guidance On Merger Remedies

Last month, the Antitrust Division of the Department of Justice issued its Policy Guide to Merger Remedies. The Policy Guide provides some helpful insight into the thinking of the Antitrust Division and its approach to merger...more

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