The Department of Justice’s Antitrust Division announced today that it has completed its review of Avanci’s new Platform for licensing “Fifth Generation” (5G) telecommunications technology in the automotive industry. As part of its review, the Division interviewed a broad range of stakeholders, including automakers, automotive suppliers, potential licensors, and others, and considered letters issued to other patent pools in similar emergent technologies. The Department has concluded that, on balance, and based on the representations in Avanci’s letter request, Avanci’s proposed 5G Platform is unlikely to harm competition.
Source: DOJ Press Releases, Justice Department Issues Business Review Letter To Avanci For Proposed Licensing Platform To Advance 5G Technology For Interconnected Automobiles
The Department of Justice has released a final agenda for the Antitrust Division’s July 28-29 public workshop on competition in the licensing of public performance rights in the music industry. The workshop will provide a venue for industry stakeholders to further weigh in on the American Society of Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) consent decrees and their implications for antitrust law enforcement and policy as music distribution continues to evolve through technological innovation.
Source: DOJ Press Releases, Antitrust Division Announces Agenda For Workshop On Competition In The Licensing Of Public Performance Rights In The Music Industry
The United States Department of Justice announced today that it will not challenge proposed efforts by Eli Lilly and Company, AbCellera Biologics, Amgen, AstraZeneca, Genentech, and GlaxoSmithKline (together, the Requesting Parties) to share information about manufacturing facilities and other information that could enable them to expedite the production of monoclonal antibody treatments that are determined to be safe and effective to treat COVID-19.
Source: DOJ Press Releases, Department Of Justice Issues Business Review Letter To Monoclonal Antibody Manufacturers To Expedite And Increase The Production Of Covid-19 Mab Treatments
Taro Pharmaceuticals U.S.A., Inc. (Taro U.S.A.) has been charged for conspiring to fix prices, allocate customers, and rig bids for generic drugs, the Department of Justice announced today.
Source: DOJ Press Releases, Sixth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation
The Antitrust Division helped lead the International Competition Network (ICN) initiative on cross-border leniency cooperation to fight international price fixing cartels. The ICN released the “Guidance on Enhancing Cross-Border Leniency Cooperation,” a year-long effort undertaken by the ICN’s Cartel Working Group. The guidance document is designed to assist competition agencies around the globe in engaging and cooperating with their international counterparts when dealing with leniency applicants and other cooperating companies in cross-border investigations.
Source: DOJ Press Releases, Antitrust Division Applauds New International Leniency Guidelines
The Department of Justice will hold a virtual public workshop on July 28th and 29th, 2020, to discuss competition in the licensing of public performance rights in the music industry. The workshop will provide a further venue for industry stakeholders to weigh in on the American Society of Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI) consent decrees and their implications for antitrust law enforcement and policy as we enter the third decade of the 21st Century and as music distribution continues to evolve through technological innovation.
Source: DOJ Press Releases, Department of Justice Antitrust Division to Host Workshop on Competition in the Licensing of Public Performance Rights in the Music Industry
United States Attorney Peter G. Strasser and Makan Delrahim, Assistant Attorney General for the Antitrust Division of the Department of Justice, announced that CAJAN WELDING & RENTALS, LTD., a company located in Opelousas, Louisiana, was charged on July 2, 2020 in a one-count bill of information with conspiracy to defraud the United States and to violate the Procurement Integrity Act, in violation of 18 U.S.C. § 371.
Source: DOJ Press Releases, Louisiana Company Charged With Conspiracy To Defraud The Government And Violate The Procurement Integrity Act
T-Mobile US Inc. (T-Mobile) and Dish Network Corporation (Dish) announced today that they closed T-Mobile’s divestiture of Boost Network (Boost) to Dish. Boost was legacy Sprint Corporation’s prepaid wireless brand, and the transaction was completed pursuant to the remedies imposed by the Department of Justice and the Federal Communications Commission.
Source: DOJ Press Releases, Justice Department Congratulates T-Mobile And Dish For Closing The Boost Divestiture
The Department of Justice and Federal Trade Commission issued today new Vertical Merger Guidelines that outline how the federal antitrust agencies evaluate the likely competitive impact of mergers and whether those mergers comply with U.S. antitrust law. These new Vertical Merger Guidelines mark the first time the Department and the FTC have issued joint guidelines on vertical mergers, and represent the first major revision to guidance on vertical mergers since the Department’s 1984 Non-Horizontal Merger Guidelines, which the Department withdrew in January of this year.
Source: DOJ Press Releases, Department of Justice And Federal Trade Commission Issue New Vertical Merger Guidelines
Glenmark Pharmaceuticals Inc., USA was charged for conspiring to fix prices for generic drugs, the Department of Justice announced today.
Source: DOJ Press Releases, Fifth Pharmaceutical Company Charged In Ongoing Criminal Antitrust Investigation
On June 25, the U.S. House of Representatives and Senate passed identical bills, H.R. 7036 and S. 3377, to repeal the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA).
Source: DOJ Press Releases, Department of Justice Applauds Congressional Passage Of Reauthorization Of The Antitrust Criminal Penalty Enhancement And Reform Act
The Antitrust Division of the Department of Justice issued the 2020 edition of its annual Newsletter Update today. The Newsletter highlights the Antitrust Division’s recent activities, including responses to the COVID-19 pandemic, successes on civil and criminal enforcement, international cooperation, and competition advocacy. The Newsletter also includes a message from Assistant Attorney General Makan Delrahim.
Source: DOJ Press Releases, Antitrust Division Issues 2020 Annual Newsletter Update
The Department of Justice’s Antitrust Division and the Securities and Exchange Commission have signed an interagency Memorandum of Understanding (“MOU”) to foster cooperation and communication between the agencies with the aim of enhancing competition in the securities industry. Assistant Attorney General Makan Delrahim of the Antitrust Division announced the first-ever MOU between the Antitrust Division and the SEC, which was executed with SEC Chairman Jay Clayton before a discussion on equity market structure hosted by MIT’s Golub Center for Finance and Policy this afternoon.
Source: DOJ Press Releases, Justice Department’s Antitrust Division And The Securities And Exchange Commission Sign Historic Memorandum Of Understanding
Assistant Attorney General Makan Delrahim of the U.S. Department of Justice, Antitrust Division, presented the Procurement Collusion Strike Force (PCSF) to the international competition law enforcement community at the Organization for Economic Cooperation and Development (OECD) Competition Committee’s virtual meeting today.
Source: DOJ Press Releases, Assistant Attorney General Makan Delrahim Presents Procurement Collusion Strike Force to the International Competition Community
Christopher Lischewski, former Chief Executive Officer and President of Bumble Bee Foods LLC, was sentenced to serve 40 months in jail and pay a $100,000 criminal fine for his leadership role in a three-year antitrust conspiracy to fix prices of canned tuna, the Department of Justice announced.
Source: DOJ Press Releases, Former Bumble Bee CEO Sentenced To Prison For Fixing Prices Of Canned Tuna
Assistant Attorney General Makan Delrahim and other senior officials from the U.S. Department of Justice, Antitrust Division will participate in the virtual meeting of the OECD Competition Committee over the next two weeks.
Source: DOJ Press Releases, Assistant Attorney General Makan Delrahim to Participate in Organization for Economic Cooperation and Development (OECD) Virtual Meeting and Chair WP3 Session on Criminalization of Cartels
A federal grand jury in the U.S. District Court in Denver, Colorado, returned an indictment against four executives for their role in a conspiracy to fix prices and rig bids for broiler chickens, the Department of Justice announced.
Source: DOJ Press Releases, Senior Executives at Major Chicken Producers Indicted on Antitrust Charges
The Department of Justice announced today that it is requiring Odyssey Investment Partners Fund V, LP (Odyssey), its portfolio company Communications and Power Industries LLC (CPI), and General Dynamics Corporation (General Dynamics) to divest CPI’s wholly-owned subsidiary, CPI ASC Signal Division Inc. (ASC Signal), in order for CPI to proceed with its proposed acquisition of General Dynamics SATCOM Technologies, Inc. (GD SATCOM), a subsidiary of General Dynamics. Without the divestiture, the proposed acquisition would substantially lessen competition for the sale of large geostationary satellite antennas in the United States.
Source: DOJ Press Releases, Justice Department Requires Divestiture in Order for Communications and Power Industries to Proceed with Acquisition of General Dynamics Satcom Technologies
The Department of Justice (Department) issued a letter today to the National Pork Producers Council, the nation’s leading association of hog farmers, to address its proposed responses to challenges posed by COVID-19. The department will not challenge the proposed collaborative efforts of the National Pork Producers Council (NPPC) to work with the U.S. Department of Agriculture (USDA) to address certain hardships facing hog farmers as a result of the COVID-19 pandemic.
Source: DOJ Press Releases, Department of Justice Supports National Pork Producers Council’s Ability to Combat Meat Shortage
The Department of Justice announced today that it has filed a proposed final judgment with the U.S. District Court for the Northern District of Ohio requiring Novelis Inc. to divest Aleris Corporation’s entire aluminum automotive body sheet operations in North America to satisfy the Department’s competitive concerns with Novelis’s acquisition of Aleris.
Source: DOJ Press Releases, Justice Department Requires Divestiture Following Historic Arbitration Win
Apotex Corp., a generic pharmaceutical company headquartered in Florida, was charged with fixing the price of the generic drug pravastatin, the Department of Justice announced today. According to the one-count felony charge filed today in the U.S. District Court for the Eastern District of Pennsylvania in Philadelphia, Apotex and other generic drug companies agreed to increase and maintain the price of pravastatin, a commonly prescribed cholesterol medication that lowers the risk of heart disease and stroke. The conspiracy began in May 2013 and continued through December 2015.
Source: DOJ Press Releases, Generic Pharmaceutical Company Admits to Fixing Price of Widely Used Cholesterol Medication
Cengage Learning Holdings II Inc. and McGraw-Hill Education Inc. mutually agreed to abandon their plans to merge after the Department of Justice informed the companies it had serious concerns that the proposed transaction, as structured, would harm competition.
Source: DOJ Press Releases, Cengage and McGraw-Hill Terminate Merger Agreement in Response to Antitrust Concerns
The Department of Justice announced today the conclusion of its investigation into proposed acquisitions by Dairy Farmers of America Inc. (DFA) and Prairie Farms Dairy Inc. (Prairie Farms) of fluid milk processing plants from Dean Foods Company (Dean) out of bankruptcy. The department’s investigation was conducted against the backdrop of unprecedented challenges in the dairy industry, with the two largest fluid milk processors in the U.S., Dean and Borden Dairy Company, in bankruptcy, and Dean faced with imminent liquidation.
Source: DOJ Press Releases, Justice Department Requires Divestitures as Dean Foods Sells Fluid Milk Processing Plants to DFA out of Bankruptcy