New York et al. v. Federated Department Stores
Anticompetitive effects posed by proposed merger of two of the nation’s largest department store retailers
Alaska v. Safeway, Inc., No. 3AN-99-4371 Civil. (Alaska Superior Court April 13, 1999) (1999 WL 1209785)
The State of Alaska investigated the proposed merger of two large supermarkets for potential antitrust violations. The investigation resulted in the execution of a consent decree that required the divestiture of seven stores in relevant markets to a viable competitor.
Wisconsin v. Marshfield Clinic, No. 97C-0418 (W.D. Wis. June 19, 1997), 1997-1 Trade Cas. (CCH) 71,855 (W.D. Wis. 1997)
State sought to enjoin the merger between Marshfield Clinic and Wausau Medical Center, S.C., alleging that the merger would substantially impair the competition for health care services in the Wausau, Wisconsin area.
Pennsylvania v. Capital Health System Services and Polyclinic Health System, 1995-2 Trade Cas. (CCH) 71,205 (M.D. Pa. 1995)
Pennsylvania sought to enjoin the merger between Defendants, Capital Health System Services and Polyclinic Health System, alleging that the merger would substantially lessen competition in the market for hospital services by eliminating an effective competitor.
New York v. Service Corporation International, 99 Civ. 11391 (JSM) (S.D.N.Y. final judgment, Nov. 19, 1999)
New York challenged a series of acquisitions that Service Corporation International (SCI) made of funeral homes in New York City that serve the Jewish community, allegedly leading to monopolization of and high prices in that market. The matter was settled by a consent decree requiring SCI to divest a funeral business in Manhattan, Plaza Memorial Chapel, plus two funeral homes in Brooklyn.
New York v. Allied Waste Industries, Inc.,No. 00CV0363 (S.D.N.Y. 2000)
New York challenged the acquisition of assets of two local waste hauling companies in Westchester County, NY by a large national firm, Allied Waste Industries, Inc., already active in the county. Matter was settled by divestiture of five Allied and one other hauling routes and certain transfer station disposal rights.
State of New York v. The May Department Stores Co., Inc., Bon-Ton Stores, Inc. v. May Department Stores Co. et al. (No. 94-CV-6454L)
New York and its co-plaintiff, The BonTon Stores, Inc., sued in Federal District Court in the Western District of New York to prevent a merger between May Department Stores and McCurdy & Co.
Washington v. BP Oil Company, No. 92-civ-00489 (W.D. Wash. Mar. 30, 1992)
BP Oil purchased all of Exxon?s retail gas stations in King, Pierce and Snohomish counties. Under the settlement, BP was required to sell certain stations to reduce market share.
Wisconsin v. Kenosha Hospital and Medical Center and St. Catherine’s Hospital, 1996 WL 784584 (E.D. Wis.), 1997-1 Trade Cas. (CCH) P 71,669
Wisconsin entered into a consent decree permitting merger conditioned on injunctive relief protecting competition
Washington v. Texaco Refining and Marketing, Inc., No. C91-39 (W.D. Wash. 1991)
Texaco purchased all of Shell’s retail gasoline stations in King, Pierce and Snohomish counties. Texaco agreed to sell stations with a combined volume of 12 million gallons per year in the relevant market.
