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October antitrust bulletin

USA - October 25 2012 On October 12, 2012, the Federal Trade Commission (FTC) filed a complaint against Magnesium Elektron, alleging that the company's 2007 acquisition of a rival manufacturer of magnesium plates for photoengraving—a $15 million transaction that was well below the notification threshold of the Hart-Scott-Rodino (HSR) Act—constituted a merger to monopoly, eliminating competition and increasing Magnesium Elektron's ability to exercise market power unilaterally.

J. Brent Justus.

Tying arrangements can raise concerns under EU competition law

European Union - September 26 2012 Under EU competition law, a company does not have to be dominant for its tying arrangements to raise concerns given the general ban on anticompetitive agreements — as a matter currently being investigated illustrates.

Matthew J. Reynolds.

FTC issues final changes to agency procedure

USA - September 26 2012 On Sept. 20, 2012, the Federal Trade Commission (FTC) issued final rules for its agency procedures in an effort to expedite how it handles investigations and premerger reviews

Matthew J. Reynolds.

Canadian Competition Bureau issues abuse of dominance guidelines

Canada - September 26 2012 On Sept. 20, 2012, the Canadian Competition Bureau issued enforcement guidelines providing a concise overview of the Bureau’s enforcement approach to the abuse of dominance provisions of the Competition Act.

Matthew J. Reynolds.

$850,000 civil penalty imposed for violation of premerger notification requirements

USA - September 26 2012 On Sept. 25, 2012, DOJ filed a complaint against Biglari Holdings, alleging that the company failed to comply with the antitrust premerger notification requirements of the Hart-Scott-Rodino (HSR) Act before acquiring voting securities of Cracker Barrel Old Country Store, a restaurant and retail chain, in June 2011.

Matthew J. Reynolds.