Antitrust Challenges

FTC finds Rambus violated antitrust laws

Illinois Tool Works v Independent Ink US 2006

Texaco v Dagher US 2006

Opinion 2.28.06
Briefs
Participants in lawful joint ventures are not subject to per se liability under Section 1 of the Sherman Act for setting uniform prices for their joint venture related products

Volvo Trucks v Reeder-Simco US 2006

Broadcom brings antitrust suit against Qualcomm

AMD brings antitrust suit against Intel

Confederated Tribes v Weyerhaeuser 9th Cir

Blockbuster abandons pursuit of Hollywood 3.25.05

#1 video rental chain thwarted in attempt to buy #2
Blockbuster's friendly 1999 attempt
to acquire Hollywood was blocked by FTC
In 2005 #2 struck a deal with #3, Movie Gallery
#1 made a unsolicited competing offer for #2,
arguing that changed market conditions
should change FTC's analysis
FTC continued its narrow, product-oriented focus
(in-store rentals) and discounted competition
from other channels (Netflix mailing, video-on-demand)
#1 lets offer expire 3.25.05
#3 closes acquisition of #2 4.27.05

Oracle acquires PeopleSoft over DoJ objection 2004

Federal judge declined to block acquisition
DoJ failed to prove its theory of the relevant market
Failed to prove that outsourcing solutions, best of breed solutions and so-called mid-market vendors should be excluded
Failed to establish that the area of effective competition is limited to the United States
Decision (ND CA 9.09.04)
Oracle press release 9.09.04

Arch Coal acquires Triton Coal over FTC objection 2004

Federal judge declined to block acquisition
FTC failed to prove that other mining companies would collude in raising coal prices
FTC v Arch Coal D DC 8.17.04
Deal completed 8.20.04

Antitrust Resource Manual

DOJ - FTC Commentary March 2006

Horizontal Merger Guidelines