New York v. Intermountain Management Inc.

New York brought suit against a ski resort operator, Intermountain Management Inc., under the state’s antitrust law, the Donnelly Act.  New York alleged that Intermountain acquired its only competitor in the season-pass skiing services market in the Syracuse area, Toggenburg, and that Intermountain closed Toggenburg after completing the purchase.  New York also brought a claim…

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United States and Plaintiff States v. UnitedHealth et al. (D. Md. 1:24-cv-03267-JKB)

Four states and the U.S. Department of Justice brought a lawsuit seeking to block the acquisition of Amedysis, Inc. by UnitedHealth Group, Inc.  The plaintiff states and DOJ alleged that the defendants are two of the largest home health and hospice service providers in the country and that their merger would eliminate competition between the…

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Washington v. Kroger et al.

Washington filed suit in King County Superior Court to block the merger of Kroger and Albertsons, which would have combined the two largest supermarket chains operating in the state.  Washington alleged that the merger would have ended head-to-head competition between the chains on price, loyalty rewards programs, products offered and customer service, leading to higher…

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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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