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Federal Trade Commission Authorizes Three New Compulsory Process Resolutions for Investigations
FTC Policy Paper Warns About Pitfalls of COPA Agreements for Patient Care and Healthcare Workers
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.
Buckeye/Magellan, In the Matter of
The Federal Trade Commission required energy pipeline and storage companies Buckeye Partners, L.P. and Magellan Midstream Partners, L.P. to divest to U.S. Venture, Inc. petroleum terminals in the two states as a condition of Buckeye’s $435 million proposed acquisition of 26 Magellan terminals. The complaint alleged that without a remedy, the acquisition would harm competition for terminaling services both for all LPPs, and for gasoline specifically, in North Augusta, South Carolina; Spartanburg, South Carolina; and Montgomery, Alabama. The complaint alleged that in all three geographic markets, the acquisition would eliminate the close competition between Buckeye and Magellan, increase the likelihood of collusive or coordinated interaction between the remaining competitors, reduce the number of terminaling options for third-party customers, and increase prices for terminaling services. On Aug. 9, 2022, the Commission announced the final consent agreement in this matter.
FTC Approves Final Order Protecting Pet Owners from Private Equity Firm’s Anticompetitive Acquisition of Veterinary Services Clinics
Federal Trade Commission Finalizes Action Against “Made in USA” Offender Who Ripped “Made in China” Tags Out of Apparel, Replacing Them with “Made in USA” Tags
FTC Seeks to Block Virtual Reality Giant Meta’s Acquisition of Popular App Creator Within
U.S. Federal Trade Commission Returning Almost $25 Million to Consumers Worldwide Who Were Defrauded by Next-Gen Sweepstakes Scheme
Federal Trade Commission, National Labor Relations Board Forge New Partnership to Protect Workers from Anticompetitive, Unfair, and Deceptive Practices
FTC Approves Final Order Preserving Competition for Development and Marketing of Steroid Injectable Drug
FTC Marks One-Year Anniversary of Government-Wide initiative to Promote Competition in the American Economy
FTC Approves Final Order Requiring Prince International Corp. and Ferro Corp. to Sell Off Three Facilities amid Concerns that Deal would Increase Concentration in North American Market for Porcelain Enamel Frit
American Securities Partners/Ferro, In the Matter of
The Federal Trade Commission has required Prince International Corp. and Ferro Corp. to divest three facilities used to make porcelain enamel frit, glass enamel, and forehearth colorants, as a condition of Prince’s parent company – American Securities Partners VII, L.P. – acquiring competitor Ferro Corp. for $2.1 billion. According to the complaint, the acquisition as proposed likely would allow the merged firm to unilaterally raise prices for porcelain enamel frit in the North American market, and for forehearth colorants in the world market. It also would eliminate Prince as an independent competitor in the world market for glass enamel, increasing the likelihood of coordination between the merged firm and its largest competitor, Fenzi Holdings SPV S.p.A. On July 5, 2022, the Commission announced the final consent agreement in this matter.
FTC Approves Final Order Protecting Patients Who Rely on Medical Instruments Used in Sinus Procedures
Medtronic/Intersect, In the Matter of
The Federal Trade Commission required Medtronic, Inc. to divest a key subsidiary of Intersect ENT, Inc. as a condition of acquiring Intersect. Under the FTC consent decree, Instersect’s Fiagon subsidiary, which makes ear, nose, and throat navigation systems and balloon sinus dilation products, will be sold to Hemostasis, LLC. According to the complaint, without this divestiture, the acquisition would pose a threat to future competition in the United States for both ENT navigation systems and balloon sinus dilation products. On June 30, 2022, the Commission announced the final consent agreement in this matter.
FTC Takes Second Action Against JAB Consumer Partners to Protect Pet Owners from Private Equity Firm’s Rollup of Veterinary Services Clinics
RWJ Barnabas Health/Saint Peter's Healthcare System, In the Matter of
The Federal Trade Commission authorized an administrative complaint and a suit in federal court to block the acquisition of Saint Peter’s Healthcare System by RWJBarnabas Health, or RWJ, which is one of the largest hospital systems in New Jersey. The complaint alleges that in Middlesex County, in the central part of the state, the acquisition will harm competition for inpatient general acute care services, which are a broad range of essential medical and surgical diagnostic and treatment services that require an overnight hospital stay. The FTC’s federal court suit seeks a temporary restraining order and preliminary injunction to stop the deal and maintain the status quo while the agency pursues an administrative trial on the merits of the case. On June 14, 2022, the parties announced that they had abandoned the transaction.
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