August 2016

A compliance check for collaborators who also compete

By: Barbara Blank and Eric Sprague, Bureau of Competition | Aug 16, 2016 3:25PM

Last week, Fortiline settled charges that it invited a competing seller of ductile iron pipe (DIP) to fix prices. This is the first case in which the FTC has challenged an invitation to collude by a firm that is in both a horizontal relationship (i.e., direct competitor) and a vertical relationship (i.e., manufacturer-distributor) with the invitee.

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Snapshots vs. panoramic views of merger enforcement

By: Kelly Signs, Bureau of Competition | Aug 1, 2016 4:16PM

Today the FTC and DOJ released the 38th Annual Hart-Scott-Rodino Report, which details the agencies’ merger review and enforcement program for Fiscal Year 2015 (October 1, 2014 through September 30, 2015). This report, like the 37 previous versions, is a snapshot of one year’s worth of HSR filings, Second Requests and merger enforcement actions, including HSR compliance and merger cases filed by the agencies in federal court.

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