Category Archives: Federal Trade Commission

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QVC/HSN :: A Deal You Probably Weren’t Thinking About

On July 6, 2017, QVC announced its intent to acquire the remaining 62 percent of Home Shopping Network it doesn’t already own.  More so than DraftKings or Walgreens, this transaction will demonstrate whether Trump’s election has had any effect on antitrust enforcement, and should be watched carefully.  HSN and QVC are very similar, and the … Continue Reading

William MacLeod, Chair, ABA Section of Antitrust Law, Provides Introductory Note to the 2017 Presidential Transition Report

Bill MacLeod, chair of the American Bar Association’s Antitrust Section and Kelley Drye partner, addressed the Section with an introductory note to their eighth sequential Presidential Transition Report. The 2017 Presidential Transition Report offers a retrospective of current state and federal antitrust and consumer protection law and policy, as well as recommendations for ways the new Trump administration might … Continue Reading

Fortiline LLC: Invitations to Collude in Dual Distribution Systems

Fortiline LLC distributes ductile iron pipe. It competes with the manufacturer which somewhat regularly undercuts its distributor in the market.  Fortiline on several occasions asked the manufacturer not to do so.  Fortiline emailed the manufacturer complaining that the manufacturer was not keeping its numbers up compared to other manufacturers.  Fortiline also stated that “[w]ith this … Continue Reading

Causality and Diluting Trademarks Through Online Searches: What the FTC Missed in 1800Contacts

The FTC sued 1800Contacts for entering into a series of agreements with competitors that limited the competitors’ ability to bid on certain trademarked terms as search terms in online search term auctions. Search engines like Google sell search terms. An advertiser will bid for a search term.  If it wins, its advertisement will be listed … Continue Reading

Screening Room Alone Won’t Save AMC-Carmike

Last month, AMC and Carmike announced plans to merge. They would form the nation’s largest cinema chain with over 8,000 screens. Also last month, Napster founder Sean Parker announced a new product—Screening Room—which will stream first-run movies into the home potentially in competition with entities like AMC/Carmike. Screening Room customers purchase a proprietary box for … Continue Reading

The FTC’s Third Point Settlement: Not A Controversy

On August 24, 2015, the Federal Trade Commission entered into an agreement with hedge fund Third Point settling allegations that Third Point violated the HSR Act by acquiring shares in Yahoo! In 2011 without reporting the acquisition prior to consummation.  Third Point had acquired shares valued at more than the size-of-transaction at the time but … Continue Reading

FTC v. Steris Corp.- The FTC Fails

On May 29, 2015, the FTC filed a complaint against Steris Corporation and Synergy Health plc alleging their proposed merger would substantially lessen competition in a market that included the sterilization of medical products.  On September 24, 2015, the Court ruled in favor of the parties, denying the FTC’s motion for a preliminary injunction and … Continue Reading
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