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Antitrust Quarterly - Spring 2013

Greenberg Traurig LLP
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USA
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May 31 2013

On April 8, 2013, the Federal Trade Commission (FTC) released a proposed complaint and Consent Order against Bosley, Inc. and its corporate parents

How many stars would you give the DOJ’s challenge to the BazaarvoicePowerReviews acquisition

Greenberg Traurig LLP
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USA
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May 29 2013

On January 10, 2013, the Department of Justice (DOJ) brought suit challenging the acquisition by Bazaarvoice, Inc. of its competitor PowerReviews

Antitrust Quarterly - Winter 2013

Greenberg Traurig LLP
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USA
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February 28 2013

"Together we discovered that a free market only thrives when there are rules to ensure competition and fair play." President Barack Obama, January

The FTC settlement with Google both sides won

Greenberg Traurig LLP
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USA
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February 28 2013

On January 3, 2013, the Federal Trade Commission (FTC or Commission) announced, in bipartisan votes of 41 and 50, a comprehensive settlement of a

Revised Hart-Scott-Rodino premerger notification thresholds for 2013

Greenberg Traurig LLP
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USA
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January 11 2013

On January 10, 2013, the Federal Trade Commission (FTC) announced revised Hart-Scott-Rodino Act (HSR) reporting thresholds under which transactions will

Pharmaceutical patent transfers subject to the HSR Act: increased review raises importance of valuation

Greenberg Traurig LLP
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USA
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December 6 2012

Proposed Amendments to the Rules under the Hart Scott Rodino Act ("HSR Act") would require compliance with the Act's reporting and waiting period requirements for certain acquisitions of exclusive pharmaceutical patent licenses that historically have not been reportable because the licensor retained manufacturing rights under the patent

The Third Circuit does it again: a monopolist violates the antitrust laws by offering conditional above -cost market share discounts that constitute "de facto partial exclusive dealing"

Greenberg Traurig LLP
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USA
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December 6 2012

In ZF Meritor, LLC v. Eaton Transmission Corporation, (hereinafter "Meritor"), the Third Circuit has issued its third decision within the past 10 years concluding that above-cost vertical restraints imposed by a supplier with market power violate the antitrust laws

Recent FTC enforcement action reinforces narrow ‘passive investor' exemption to HSR reporting requirements

Greenberg Traurig LLP
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USA
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December 6 2012

On September 25, 2012, Biglari Holdings, Inc. agreed to pay a civil fine of $850,000 to resolve Federal Trade Commission (FTC) contentions that it improperly relied upon the "passive investor" exemption to the Hart-Scott-Rodino Antitrust Improvements Act of 1976 ("HSR Act") in connection with its investment in Cracker Barrel Old Country Store, Inc. during the summer of 2011

Second Circuit perforates Matsushita in reviving Publication Paper case

Greenberg Traurig LLP
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USA
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August 29 2012

Seizing upon the "opportunity to clarify the application of the standards established" more than a quarter-century ago in Matsushita Electric Industrial Co. v. Zenith Radio Corp. for determining the existence of a jury question as to collusive behavior, the Second Circuit reversed a summary judgment granted entered for an alleged price-fixer in In re Publication Paper Antitrust Litigation

Three strikes and you're not out - Third Circuit reverses dismissal of antitrust

Greenberg Traurig LLP
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USA
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August 29 2012

Deepening a split among the federal courts of appeals, a Third Circuit Panel ruled on July 16, 2012, in In re K-Dur Antitrust Litig., that payments by pharmaceutical patent owners to generic manufacturers in settlement of patent litigation that delay generic market entry are presumptively unlawful restraints of trade in violation of Section 1 of the Sherman Act

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