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FTC Hearings on Competition and Consumer Protection in the 21st Century Continue with a Discussion of Merger Retrospectives
FTC Requires Divestitures by Tronox and Cristal, Suppliers of Widely Used White Pigment, Settling Litigation over Proposed Merger
FTC Approves Final Order Imposing Conditions on Merger of Fresenius Medical Care AG & KGaA and NxStage Medical, Inc.
Fresenius Medical Care and NxStage Medical, In the Matter of
The FTC required healthcare companies Fresenius Medical Care AG & KGaA and NxStage Medical, Inc. to divest all rights and assets related to NxStage’s bloodline tubing set business to B. Braun Medical, Inc. as part of a settlement resolving charges that Fresenius’s proposed $2 billion acquisition of NxStage likely would be anticompetitive. The FTC’s complaint alleges that the proposed merger would harm competition in the U.S. market for bloodline tubing sets that are compatible with hemodialysis machines used in clinics that treat chronic renal failure. Bloodline tubing sets are single-use plastic tube sets used during hemodialysis treatments. Fresenius and NxStage are two of only three significant suppliers of bloodline tubing sets used in open architecture hemodialysis machines in the United States. Fresenius and NxStage together control 82 percent of the market for bloodlines.The settlement requires Fresenius and NxStage to divest to B. Braun all assets and rights to research, develop, manufacture, market, and sell NxStage’s bloodline tubing sets.
FTC Hearing #13: Merger Retrospectives
FTC Issues Modified Final Order Imposing Conditions on Merger of International Industrial Gas Suppliers Praxair, Inc. and Linde AG
FTC Approves Supervalu Inc.’s Application to Sell 2 Supermarkets Operating under the Shop ’n Save Banner in Virginia and West Virginia
FTC Approves Final Order Imposing Conditions on Joint Venture among Three Producers of PET Resin
Corpus Christi Polymers LLC, et al., In the Matter of
Following a public comment period, the Federal Trade Commission has approved a final order settling charges that three PET resin producers’ proposed $1.1 billion joint acquisition out of bankruptcy of an under-construction PET production facility would violate federal antitrust law.
Koninklijke Ahold and Delhaize Group, In the Matter of
Koninklijke Ahold and Delhaize Group, which together own and operate five well-known U.S. supermarket chains, have agreed to sell 81 stores to settle charges that their proposed $28 billion merger would likely be anticompetitive in 46 local markets in Delaware, Maryland, Massachusetts, New York, Pennsylvania, Virginia, and West Virginia. Ahold operated 760 supermarkets under the Stop & Shop, Giant, and Martin’s banners in ten Eastern states and the District of Columbia.Delhaize operated 1,291 supermarkets under the Food Lion and Hannaford banners in 14 Eastern and Southern states. Under the proposed consent agreement, Ahold and Delhaize will divest a total of 81 stores to seven divestiture buyers.
FTC Approves Application from Praxair and Linde for Sale of an Industrial Gases Plant to LyondellBasell Acetyls, LLC
FTC Approves Final Order Imposing Conditions on Penn National Gaming, Inc.’s Acquisition of Pinnacle Entertainment, Inc.
Penn National Gaming and Pinnacle Entertainment, In the Matter of
The FTC required casino operators Penn National Gaming, Inc. and Pinnacle Entertainment, Inc. to divest casino-related assets in three Midwestern cities to resolves charges that Penn’s $2.8 billion agreement to acquire Pinnacle likely would be anticompetitive. The complaint alleges that the proposed acquisition would harm competition for casino services in metropolitan St. Louis, Missouri; Kansas City, Missouri; and Cincinnati, Ohio. Casino services include gaming services such as slots and table games, as well as related lodging, entertainment, and food and beverage services, according to the complaint. Typically, casino operators generate the vast majority of their revenues from gaming. Casinos are highly regulated, with a limited number of licenses granted in any given state, as well as age restrictions on who can gamble. According to the complaint, the acquisition, if consummated, likely would eliminate direct competition between Penn and Pinnacle, increasing the likelihood that Penn would unilaterally exercise market power, and lead to higher prices and reduced quality for consumers of casino services.
Statement of Chairman Simons, Commissioner Phillips, and Commissioner Wilson Concerning the Proposed Acquisition of NxStage Medical, Inc. by Fresenius Medical Care AG & Co. KGaA
Statement of Commissioner Chopra In the Matter of Fresenius Medical Care AG & Co. KGaA and NxStage Medical, Inc.
Statement of Commissioner Slaughter In the Matter of Fresenius Medical Care AG & Co. KGaA and NxStage Medical, Inc.
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