Category Archives: Mergers & Acquisitions

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CNN: Is There A First Amendment Defense to an Anticompetitive Merger?

Shortly after the Justice Department’s challenge to AT&T’s acquisition of Time Warner was announced, a rumor floated that AT&T had offered to divest CNN to assuage the Division’s concerns.  The gist of the rumor was that the Division is suing to block an otherwise legitimate transaction as an act of revenge against CNN because CNN … Continue Reading

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

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

Antitrust Issues in Common Ownership of Natural Competitors: A New Storm Coming

On Wednesday, March 9, 2016, Assistant Attorney General of the Antitrust Division Bill Baer testified before the Senate Judiciary Subcommittee on Antitrust, Competition Policy and Consumer Rights that the Division is presently investigating minority common ownership of natural competitors in concentrated industries.  These investigations are likely in response to two important papers—an economic analysis by … 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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