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FTC Dismisses Lawsuit Against PepsiCo

Date
The Federal Trade Commission today voted to dismiss without prejudice a Robinson-Patman Act (RPA) lawsuit against PepsiCo, Inc. (Pepsi) that was filed in the U.S. District Court for the Southern...

Microsoft/Activision Blizzard, In the Matter of

The Federal Trade Commission authorized an administrative complaint against the proposed merger between Microsoft Corp. and Activision Blizzard, Inc., a video game developer that creates and publishes games such as Call of Duty, World of Warcraft, Diablo, and Overwatch. Microsoft sells the Xbox gaming console and also offers a video game subscription service called Xbox Game Pass, as well as a cloud-based video game streaming service. The agency alleges that the deal would enable Microsoft to suppress competitors to its Xbox gaming consoles and its rapidly growing subscription and cloud-gaming business. The Commission withdrew the matter from adjudication in July 2023, and returned it to adjudication on September 26, 2023.  The evidentiary hearing will commence 21 days after the issuance of the district court's decision in FTC v. Microsoft.  

Type of Action
Administrative
Last Updated
FTC Matter/File Number
2210077
Docket Number
9412
Case Status
Pending

GTCR BC Holdings, LLC and Surmodics, Inc., In the Matter of

The Federal Trade Commission issued an administrative complaint to challenge GTCR BC Holdings, LLC’s acquisition of Surmodics, Inc., alleging that the deal, which seeks to combine the two largest manufacturers of critical medical device coatings, is anticompetitive. The FTC charges that private equity firm GTCR’s proposed acquisition of Surmodics would create a combined company controlling more than 50% of the market for outsourced hydrophilic coatings. These coatings are often used by medical device manufacturers and are applied to lifesaving medical devices such as catheters and guidewires.

The Federal Trade Commission filed an amended complaint adding the states of Illinois and Minnesota as co-plaintiffs in the Commission’s lawsuit challenging GTCR BC Holdings, LLC’s (GTCR) acquisition of Surmodics, Inc. (Surmodics). The amended complaint also adds GTCR, LLC as an additional defendant in the case. 

Type of Action
Administrative
Last Updated
FTC Matter/File Number
241 0095
Docket Number
9440
Case Status
Pending

XCL Resources Holdings, LLC et al, USA v.

The Federal Trade Commission announced that crude oil producers XCL Resources Holdings, LLC (XCL), Verdun Oil Company II LLC (Verdun), and EP Energy LLC (EP) will pay a record $5.6 million civil penalty to settle allegations they engaged in illegal pre-merger coordination, known as gun jumping, in violation of the Hart-Scott-Rodino Act (HSR Act).

Type of Action
Federal
Last Updated
Docket Number
1:25-cv -00041
Case Status
Pending