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Oil refiner Tesoro Corporation and one of its subsidiaries agreed to sell their light petroleum products terminal in Boise, Idaho to settle charges that their $335 million acquisition of pipeline and terminal assets from Chevron Corporation would be anticompetitive. Without the divestitures required by the FTC, the deal would have given Tesoro ownership of two of the three full service light petroleum terminals in Boise, significantly reducing competition for local terminal services. The proposed order requires Tesoro to sell the terminal it currently owns in Boise to an FTC-approved buyer within six months of when the order becomes final.
The FTC challenged Pinnacle Entertainment, Inc.’s proposed $2.8 billion acquisition of rival casino operator Ameristar Casinos, Inc., alleging that the proposed deal would reduce competition and lead to higher prices and lower quality for casino customers in the St. Louis, Missouri and Lake Charles, Louisiana areas. In St. Louis, the two companies operated competing casinos, and in the Lake Charles area, Pinnacle operates one casino, and Ameristar is constructing a new casio to open next year. The FTC issued an administrative complaint against the two companies alleging that the deal would substantially lessen competition for casino services in the St. Louis and Lake Charles areas. The FTC also authorized staff to seek a temporary restraining order and preliminary injunction, but parties agreed to divest two casinos, one in St. Louis and another in Lake Charles, to settle the administrative charges.
Under a settlement with th FTC, Mylan, Inc., and Agila Specialties Global Pte. Ltd and Agila Specialties Pvt. Ltd. (collectively, Agila) divested 11 generic injectable drugs as a condition of allowing Mylan’s proposed acquisition of Agila from Strides Arcolab Ltd. (Strides). According to the complaint, in each of these 11 markets, Mylan and Agila are two of only a limited number of current or likely future competitors. The number of suppliers in generic pharmaceutical markets matters because prices generally decrease as the number of competing generic suppliers increases. In addition, the injectable generic products of concern are highly susceptible to supply disruptions caused by the inherent difficulties of producing sterile liquid drugs.
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