U.S. and Plaintiff States v. Kroger, No. 3:24-cv-00347 (D. Ore. Feb. 26, 2024)

The United States and nine plaintiff states sued to block the $42 billion proposed merger between the Kroger company and Albertson’s companies, the country’s two largest traditional supermarket chain.  The complaint alleges that the proposed acquisition may substantially lessen competition.  The FTC began an administrative proceeding and the plaintiffs (states and FTC) sought a preliminary…

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Colorado v. Kroger

Colorado  filed suit in Denver District Court to block the $24.6 billion proposed merger between Kroger and Albertsons, two of the largest supermarket chains in Colorado. Kroger operates 148 King Soopers and City Market stores and Albertsons operates 105 Safeway and Albertsons stores in the state. According to the complaint, the merger would eliminate head-to-head…

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FTC and Plaintiff States v. Amgen, No. 23-CV-3053 (N.D. Ill. 06/22/23)

Plaintiff states  joined the Federal Trade Commission’s suit against Amgen’s planned $28 billion purchase of Horizon Therapeutics. The plaintiffs sought a temporary restraining order and preliminary injunction blocking Amgen Inc. and its subsidiaries from completing the proposed acquisition. Horizon Therapeutics PLC makes the only U.S. FDA-approved treatment for thyroid eye disease, Tepezza, and the only FDA-approved…

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U.S. and Plaintiff States v. Nexstar Media Group et al., No. 19-02295 (D.D.C. 08/01/19)

Nexstar agreed to acquire Tribune Media Company for approximately $6.4 billion. USDOJ and plaintiff states sued, alleging that the merger would likely substantially lessen competition in thirteen Designated Market Areas (DMAs).  MVPDs, such as Comcast, DirecTV, and Charter, typically pay the owner of local broadcast stations in a given DMA a per-subscriber fee for the…

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U.S. et al. v. JetBlue Airways Corp., No. 1:23-cv-10511 (D. Mass. Mar. 31, 2023)

The U.S. Department of Justice and seven states sued to block JetBlue’s takeover of Spirit Airlines, alleging that the deal would lessen competition and potentially increase costs and decrease reliability for passengers. According to the complaint, Spirit is a budget airline whose presence in a city pair may cause other airlines to lower their prices. …

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In the Matter of Invesigation of Hornblower Group, Inc., AOD no. 19-103

An attorney general’s investigation of the dining cruise market in New York Harbor indicated that Hornblower Group, Inc. had obtained dominance in New York City’s dining cruise market through its acquisition of Entertainment Cruises. The investigation also confirmed that while other already-existing dining cruise operators wished to expand their operations into New York City, they…

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California v. Quest Diagnostics Incorporated, No. CV-03-1358 MMM (C.D. Cal. 2003)

Merger of two clinical laboratories in California

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Smith Food & Drug Centers, Inc. Settlement Agreement

Smiths Food & Drug Centers, Inc. exited California market and sought antitrust review of proposed sales of supermarket sites to other supermarket operators. The sale of 18 stores to various supermarket operators were approved. Smiths? agreed to obtain prior approval or provide prior notice of future sales of sites to supermarket operators for a period of 5 years.

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Save Mart Supermarkets Settlement Agreement

Acquisition of supermarkets

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California, Nevada, New Mexico v. Albertson’s, Inc., and American Stores Company

Federal Trade Commission (FTC) and the Plaintiff States sought to enjoin the merger between Albertson’s Inc. (Albertson’s) and American Stores Company (American Stores), alleging that the merger would substantially impair competition in the supermarket industry and could result in price increases and decreases in the quality and selection of food, groceries and
services.

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