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Tops Markets LLC, In the Matter of
The Commission reached settlement agreement with Tops Markets LLC that protects consumers from the potential anticompetitive effects of Tops’ acquisition of the bankrupt Penn Traffic Company supermarket chain. To settle FTC charges that the acquisition was anticompetitive in several areas of New York and Pennsylvania, Tops agreed to sell seven Penn Traffic supermarkets to FTC-approved buyers in five grocery markets: Bath, Cortland, Ithaca, and Lockport, New York, as well as Sayre, Pennsylvania.
FTC Obtains $500,000 Penalty For Pre-Merger Reporting Act Violations
FTC Challenges Graco Inc.'s Proposed Acquisition of Rival ITW Finishing LLC
FTC Testifies Before House Judiciary Subcommittee on Agency's Work to Promote Competition and Benefit Consumers
Federal Trade Commission and Department of Justice Meet With Chinese Ministry of Commerce on Merger Enforcement Matters
FTC Challenges OSF Healthcare System's Proposed Acquisition of Rockford Health System as Anticompetitive
FTC Approves BASF's Application to Extend Manufacturing Agreement Related to 2009 Acquisition of Ciba; FTC Approves ConocoPhillips' Application to Modify Final Commission Order and to Amend Licensing Agreements with Holly Corp.
BASF SE, a corporation, in the Matter of
BASF has settled Commission charges that its proposed $5.1 billion acquisition of rival chemical manufacturer Ciba Holding Inc. would be anticompetitive and violate federal law by reducing competition in the worldwide markets for two high performance pigments. Under the terms of a consent order allowing the transaction to proceed, the FTC requires BASF to sell all assets, including the intellectual property related to the two pigments, bismuth vanadate and indanthrone blue, to a Commission-approved buyer within six months.
Phillips Petroleum Co. and Conoco Inc.
A final consent order allows the merger of Phillips Petroleum and Conoco Inc. but requires certain divestitures and other relief to maintain competition in the gasoline refining market in specific areas of the United States. Among the assets to be divested are refineries, propane terminals, and natural gas gathering facilities. The FTC approved an application to reopen and modify its final order to change the license agreement that ConocoPhillips has with Holly Corporation, an independent oil refining company. The changes approved by the Commission allow ConocoPhillips and Holly to make the licensing of the "Phillips" and "Phillips 66" brands non-exclusive in two states for the last two years of the FTC-required agreement between them.
DaVita Inc.
The Commission required dialysis services company DaVita, Inc. to sell 29 outpatient dialysis clinics around the United States, under a settlement that resolves FTC charges that DaVita’s proposed $689 million acquisition of rival CDSI I Holding Company, Inc., also known as DSI, would be anticompetitive. The settlement preserves competition in 22 geographic markets where the FTC alleges that consumers would be harmed by DaVita’s acquisition of DSI. The settlement requires DaVita to sell the clinics to Dialysis Newco, Inc., a corporation formed by venture capital firms Frazier Healthcare and New Enterprise Associates.
US - EU Merger Working Group, Best Practices on Cooperation in Merger Investigations
United States and European Union Antitrust Agencies Issue Revised Best Practices for Coordinating Merger Reviews
FTC Streamlines Approval Process for Minor Changes to Divestiture-Related Contracts
Ovation Pharmaceuticals, Inc. d/b/a
In 2006, Ovation Pharmaceuticals, manufacturer of Indocin, a drug used in the treatment of patent ductus arteriosus, a congenital heart defect usually found in severely underweight premature babies, purchased the rights to the drug NeoProfen, a drug about to receive FDA approval for the treatment of the same condition which effects approximately 30,000 babies per year in the United States. After its FDA approval, Ovation released its NeoProfen treatment, charging similar prices. According to the Commission’s complaint, Ovation’s acquisition was intended to maintain its monopoly in the market for this treatment, and the Commission sought divestiture of assets related to one of the two treatments, and also disgorgement of all unlawfully obtained profits from the sale of these two treatments. In August 2010, the district court dismissed the complaint, finding that the two drugs were in separate product markets. The Commission, along with the State of Minnesota, has appealed the court’s ruling to the Eighth Circuit. On August 19, 2011 the Eighth Circuit affirmed the district court's decision. FTC and Minnesota filed a petition for rehearing en banc on October 3, 2011, and the petition was denied. The FTC closed its investigation.
FTC Puts Conditions on Perrigo's Proposed Acquisition of Paddock Labs
FTC Approves Final Order Settling Charges That Grifols, S.A.'s Acquisition of Talecris Biotherapeutics Holding Corp. Was Anticompetitive
FTC Settles Charges That Cardinal Health's Purchase of Biotech Was Anticompetitive
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