Category Archives: Merger Review

DOJ and EC Approve Google Acquisition of Motorola, Other Technology Patent Transactions

Both the U.S. Department of Justice’s Antitrust Division and the European Commission have approved Google Inc.’s $12.5 billion purchase of Motorola Mobility Holdings Inc. after intense scrutiny of how Google’s acquisition of Motorola’s intellectual property would give its Android operating system leverage in the wireless market. The DOJ said the licensing of vital “standard essential” […]

DOJ Antitrust Concerns Alter Novell Patent Deal

In response to DOJ, Antitrust Division, concerns, a Microsoft-led joint venture has agreed to change its deal to purchase over 800 patents from Novell as part of its sale to Attachmate.  Under the revised sale agreement, Microsoft and EMC will not be allowed to hold certain patents, and all of the patents will be covered […]

Antitrust Counterclaim Vs. Nation’s Largest Milk Seller Survives

Southern District of Florida Judge Marcia G. Cooke denied a motion to dismiss a counterclaim by milk distributor McCowtree Brothers Dairy Inc. that exclusive supply agreements between milk processor Dean Foods and milk producers violate the Clayton Act.  The agreements are alleged to have resulted in Dean’s monopoly of the south Florida milk market, higher […]

EC Investigates Proposed Hard Disc Drive Mergers

The European Commission has opened two merger investigations involving hard disk drive manufacturers. The first transaction concerns Seagate Technology’s planned acquisition business of Samsung HDD business, and the second concerns Western Digital Corp.’s planned acquisition of Hitachi HDD business.

DOJ Sues to Block On-line Tax Preparation Software Merger

The Antitrust Division has sued to block H&R Block’s acquisition of TaxACT, an on-line software provider.  H&R and TaxACT are the number 2 and 3 providers of on-line tax prep software behind Intuit’s TurboTax.  The Division explained that it uncovered H&R Block documents indicating that the purpose of the merger was to eliminate a competitor […]

DOJ Sues to Block POS Card Reader Merger

The Antitrust Division has sued to block of merger of VeriFone and Hypercom, manufacturers of  point of sale credit and debit card reader.  The two U.S. companies currently compete with French-based Ingenico in what is essentially a three competitor market.  The Division alleges that the 3-2 merger would raise prices for retailers purchasing POS card […]

DOJ Sues to Undo Sale of Chicken Processing Plant

The Antitrust Division sued George’s Inc. seeking to undo its $3 million purchase of a chicken processing plant in the Shenandoah Valley from Tyson Foods.  The transaction fell below the reporting thresholds and thus was consummated with antitrust agency review.  The Division alleges that the plant sale will leave George’s with 43% of the chicken market and only one competitor […]

Sirius/XM Merger Subject to Class Challenge

Update May 2011: Sirius has agreed to settle the case by agreeing to maintain an FCC imposed price cap set to expire in July for an additional five months.  The value of the settlement to Sirius 19 million customers is estimated to be $180 million.  The settlement also included approximately $13 million in attorney’s fees. […]

Ninth Circuit Upholds Pfizer-Wyeth Merger

Update May 2011:  The Ninth Circuit upheld the dismissal of a private challenge to the merger, holding that the plaintiff’s allegation of a pharmaceutical market was inadequate.  Update October 2009: The FTC has signed off on the merger on the condition that Pfizer sell some of its animal health business.   But a group of pharmacists […]

EC Investigates Generator Company Merger

The EC is investigating the planned acquisition of MWM Holding GmbH of Germany by Caterpillar Inc. of the US.  Both companies are active in the reciprocating engine generator sets (“gensets”) market.  Gensets are used to generate power, and the Commission is concerned that the merger would restrain competition in the gas powered genset market.