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FTC Seeks Public Comment on Kinder Morgan's Application to Sell Pipeline Assets
Pet Medications Workshop
Biglari Holdings, Inc., to Pay $850,000 Penalty to Resolve FTC Allegations That it Violated U.S. Premerger Notification Requirements
Comentarios de la Comisionada Edith Ramirez, Foro Latinoamericano de Competencia
Novartis AG, In the Matter of (Fougera Holdings, Inc)
The FTC required drug supplier Novartis AG to give up its marketing rights to four topical skin care medications, under a settlement resolving charges that Novartis' acquisition of pharmaceutical firm Fougera Holdings, Inc. would harm competition in the market for these topical drugs. The settlement order requires Novartis to end a marketing agreement that allows it to sell three topically-applied generic drugs and return all rights to a fourth generic drug in development to its manufacturer, Tolmar, Inc. According to the FTC's complaint, Novartis' acquisition of Fougera would violate Section 5 of the FTC Act and Section 7 of the Clayton Act by reducing competition in the generic drug markets for three skin care drugs: 1) generic calcipotriene topical solution, 2) generic lidocaine-prilocaine cream, and 3) generic metronidazole topical gel. The complaint also alleges that the acquisition would eliminate potential competition in the market for the sale of diclofenac sodium gel.
CoStar Group, Inc., Lonestar Acquisition Sub, Inc., and LoopNet, Inc., In the Matter of
The FTC required CoStar Group, the largest provider of commercial real estate information services in the United States, to sell LoopNet's ownership interest in Xceligent, under an order settling charges that CoStar's $860 million acquisition of LoopNet would be anticompetitive. The FTC's complaint alleges the proposed acquisition would reduce competition in the markets for real estate listings databases and information services. The modified final order resolving the charges preserves competition that otherwise would have been lost through the acquisition by requiring the combined firm to sell LoopNet's interest in Xceligent, a significant provider of U.S. commercial real estate information.
Koninklijke Ahold N.V./Safeway Inc., In the Matter of
Koninklijke Ahold N.V., the parent company of Giant Food Stores, LLC, agreed to sell a supermarket outside of Philadelphia, Pennsylvania, to settle charges that its proposed acquisition of the Genuardi's supermarket chain from Safeway Inc. otherwise would be anticompetitive. The transaction, if completed, would eliminate competition between Giant and Genuardi's. To preserve competition in the local grocery market, the consent order requires Ahold to sell a supermarket in Newtown, Pennsylvania to McCaffrey's supermarkets.
FTC Seeks Public Comments on Proposed Amendments to the Premerger Notification Rules Related to the Transfer of Exclusive Patent Rights in the Pharmaceutical Industry
Johnson & Johnson / Synthes, Inc.
The FTC required Johnson & Johnson (J&J) to sell its system for surgically treating serious wrist fractures, resolving charges that J&J's proposed $21.3 billion acquisition of Synthes, Inc. would illegally reduce competition for these systems. J&J intends to sell its system, known as DVR, along with the rest of its product line for treating traumatic injuries, to Biomet, Inc. According to the FTC's complaint, J&J's proposed acquisition of Synthes would harm competition in the U.S. market for volar distal radius plating systems, internal devices that are surgically implanted on the underside of the wrist to achieve proper alignment of the radius bone following a fracture.
FTC Withdraws Agency's Policy Statement on Monetary Remedies in Competition Cases; Will Rely on Existing Law
U.S. Court of Appeals Upholds FTC Opinion and Order in Polypore Matter
Teva Pharmaceutical Industries Ltd., and Cephalon, Inc., In the Matter of
On 10/7/2011, the FTC required Teva Pharmaceutical Industries Ltd. to sell the rights and assets related to a generic cancer pain drug and a generic muscle relaxant, as a condition of its proposed $6.8 billion acquisition of rival drug firm Cephalon, Inc. In addition, the proposed settlement requires Teva to enter into a supply agreement that will allow a competing firm to sell a generic version of Cephalon’s wakefulness drug Provigil in 2012. On 7/3/2012, the FTC issued its final order. The final amended FTC order resolving the charges requires Teva to sell the rights and assets related to a generic cancer pain drug and a generic muscle relaxant to Par Pharmaceuticals, Inc. It also requires Teva to enter into a supply agreement that will allow Par to sell a generic version of Cephalon's wakefulness drug Provigil in 2012.
Perrigo Company and Paddock Laboratories, Inc., In the Matter of
On 7/26/2011, the Commission required generic drug manufacturers Perrigo Company and Paddock Laboratories, Inc. to sell six generic drugs under a proposed settlement resolving charges that Perrigo’s proposed $540 million acquisition of Paddock would be anticompetitive. The proposed settlement also contains provisions to ensure future competition in the market for generic testosterone gel product. On 6/26/2012, the FTC issued a modified final order that required the companies to sell six generic drugs to Watson Pharmaceuticals, Inc.
FTC Approves Final Order Settling Charges that Kinder Morgan's Proposed Acquisition of El Paso Corporation was Anticompetitive in Several Natural Gas Pipeline Markets
FTC Approves Energy Transfer Partners' Application to Sell Heritage Propane Express to JP Energy Partners, LP
AmeriGas Propane, L.P.; AmeriGas Propane, Inc.
The FTC required AmeriGas L.P. and Energy Transfer Partners L.P. (ETP), two of the nation's largest propane distributors, to amend AmeriGas's proposed acquisition of ETP's Heritage Propane business as part of a settlement with the FTC. The settlement resolves FTC charges that the deal, as originally proposed, would have reduced competition and raised prices in the market for propane exchange cylinders that consumers use to fuel barbeque grills and patio heaters. The FTC's settlement requires AmeriGas to exclude ETP's cylinder exchange business, Heritage Propane Express, from the sale.
FTC Approves Modified Final Order Settling Charges that Fresenius Medical Care's Acquisition of Liberty Dialysis Holdings Was Anticompetitive in Market for Outpatient Dialysis Clinics
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