On June 25, 2018, the Supreme Court upheld a Second Circuit opinion that American Express did not violate antitrust law by prohibiting merchants from encouraging customers to use non-American Express credit cards.
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Amanda L. Wait
Bumble Bee CEO Indicted over Price Fixing Allegations
By Amanda L. Wait & Andrew W. Eklund on
Posted in Advertising & Marketing, Competition/Antitrust
Bumble Bee Foods’ woes continue to mount as its CEO, Christopher Lischewski, has been indicted for price fixing.
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FTC Nominees Confirmed by Senate
Posted in Consumer Protection
On April 26, 2018, the U.S. Senate confirmed by unanimous consent all five pending nominees to the Federal Trade Commission.
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President Trump Sends Four FTC Nominees to Senate for Approval
Posted in Competition/Antitrust
Recently, President Trump announced that he sent names of four nominees to serve as commissioners on the five-member FTC to the Senate for approval.
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FTC Allows Amazon/Whole Foods Deal to Go Through, but Not Everyone Agrees
By Amanda L. Wait & Emma Lewis on
As consumers celebrated lower avocado prices at Whole Foods during the last week in August, the FTC faced controversy for its decision not to challenge the Amazon/Whole Foods merger. …
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Simon Property Settled with NY AG Over Outlet Centers Restrictions
By Amanda L. Wait & Emma Lewis on
Posted in Real Estate
On August 21, 2017, New York Attorney General announced that Simon Property Group settled claims that it used anti-competitive tactics to prevent development of competing outlet centers close to Woodbury Common center in New York.
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What Once Was Old Is New Again: QVC and HSN Announce Merger Plans 25 Years After Last Attempt
By Amanda L. Wait & Emma Lewis on
Liberty Interactive Corporation, owner of the QVC network, has announced plans to acquire HSN in a 2.1 billion dollar deal. Liberty Interactive currently owns 38.2 percent of HSN, and hopes to acquire the remaining 61.8 percent in an all-stock transaction. …
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FTC: Social Media Influencers and Brands Must Disclose Ties
On April 19, 2017, the Federal Trade Commission issued warnings to more than 90 brands and “influencers” that their social media posts should more clearly and conspicuously disclose brand connections. The warning letters follow petitions filed by consumer advocacy groups aimed at influencer advertising on Instagram. …
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DOJ Completes Review of Danone/WhiteWave Merger, Requires Divestitures
By Amanda L. Wait & Emma Lewis on
Posted in Competition/Antitrust, Mergers & Acquisitions
On April 3, 2017, the Antitrust Division of the U.S. Department of Justice announced that it completed its review of Danone S.A.’s acquisition of The WhiteWave Foods Company Inc. In order to allow the 12.5 billion dollar acquisition to proceed, the Antitrust Division is requiring Danone to divest the Stonyfield Farms business to an independent buyer approved by the U.S. government.
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FTC Issues Staff Study on the Effectiveness of Merger Remedies from 2006-2012
By Amanda L. Wait & Matthew S. Wheatley on
Posted in Competition/Antitrust, Mergers & Acquisitions
On February 3, 2017, the FTC released a staff report, The FTC’s Merger Remedies 2006-2012: A Report of the Bureaus of Competition and Economics, providing guidance to businesses and their counsel in evaluating the scope of possible remedies. …
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