California v. Valero Energy Corp., No. C17-03786 (N.D. Cal. July 10, 2017)

Plaintiff state sought to enjoin proposed purchase by Valero of two petroleum storage and distribution terminals owned by Plains in Martinez and Richmond, California. The complaint has been filed under seal. The court denied the state’s request for a TRO, but held that the state had a likelihood of success on the merits. The parties abandoned the transaction.

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United States and Plaintiff States v. Google, No. 1:20-cv-03010 (D.D.C. Oct. 20, 2020)

Eleven states and the U.S. Department of Justice filed a lawsuit to prevent Google from unlawfully maintaining monopolies through anticompetitive and exclusionary practices in the search and search advertising markets. According to the complaint, Google accounted for almost 90 percent of all search queries in the United States. Google has entered into a series of…

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In re: TC Denver Development, Inc., Colo. AG Assurance of Discontinuance (Apr. 25.2020)

The Colorado AG’s office investigated whether Trammell Crow, acting as the City and County of Denver’s program manager for its Convention Center expansion project, and its former employee, Michael Sullivan, improperly exchanged confidential information about the project and procurement process with Mortenson Company that they did not share with other prospective bidders. (See entry on…

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In re: Mortenson Company Assurance of Discontinuance (Colo. Apr. 13, 2020)

Colorado attorney general entered into Assurance of Discontinuance with general contractor M. A. Mortenson Company to resolve claims resulting from the attorney general’s investigation into an alleged bid-rigging scheme related to the City and County of Denver’s plans to upgrade and expand the Colorado Convention Center. The office’s investigation centered on whether Mortenson violated the…

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Save Mart Supermarkets Settlement Agreement

Acquisition of supermarkets

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New York et al. v. Deutsche Telekom AG et al., No. 1:19-cv-5434 (S.D.N.Y.)

States challenged merger of T-Mobile and Sprint, the third and fourth-largest mobile telecommunications providers in the U.S., alleging that shrinking the national wireless carrier pool down from four to three providers would decrease competition and create higher prices for consumers. The US Department of Justice and seven states entered into a settlement with the parties…

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Commonwealth v. Beth Israel Lahey Health, Inc. No. 2018-3703, Sussex Super. Ct., Mass Nov. 29, 2018)

Beth Israel Deaconess Medical Center and Lahey Health System sought to merger to form the Beth Israel Lahey Health system (BILH). After a lengthy investigation, the Massachusetts Attorney General reached a settlement that permitted the merger while imposing a seven-year price cap and $71.6 million in financial commitments to support health care services for low-income and underserved communities in Massachusetts. In an assurance of discontinuance, filed in Suffolk Superior Court, the parties agreed to a series of enforceable conditions that also require BILH to strengthen its commitment to MassHealth; engage in joint business planning with its safety net hospital affiliates, including Lawrence General Hospital, Cambridge Health Alliance, and Signature Brockton Hospital; and enhance access to mental health and substance use disorder treatment across the system, as well as requiring BILH to retain a third-party monitor to ensure compliance with the terms. The settlement resulted after a referral from the state Health Policy Commission (HPC), which asked the AG’s Office to determine whether it could negotiate terms to address potential cost increases and barriers to access to care raised by the HPC’s own review of the transaction.

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Settlement Agreement Between States and Five Guys Franchisor LLC

Fourteen states investigated “no-poach†agreements (clauses, often contained in franchise agreements, which prevent workers from switching between employers of the same franchise in order to obtain a better job with a higher salary or improved working conditions). The states settled with four national fast food franchisors, Dunkin’, Arby’s, Five Guys, and Little Caesars, who agreed to cease using “no-poach†agreements that restrict the rights of fast food workers to move from one franchise to another within the same restaurant chain. Under the terms of the settlements, the franchisors will stop including no-poach provisions in any of their franchise agreements and stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. Since the investigation began, Wendy’s provided confirmation that it never used no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue.

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Settlement Agreement Between States and Little Caesar Enterprises Inc.

Fourteen states investigated “no-poach†agreements (clauses, often contained in franchise agreements, which prevent workers from switching between employers of the same franchise in order to obtain a better job with a higher salary or improved working conditions). The states settled with four national fast food franchisors, Dunkin’, Arby’s, Five Guys, and Little Caesars, who agreed to cease using “no-poach†agreements that restrict the rights of fast food workers to move from one franchise to another within the same restaurant chain. Under the terms of the settlements, the franchisors will stop including no-poach provisions in any of their franchise agreements and stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. Since the investigation began, Wendy’s provided confirmation that it never used no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue.

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Settlement Agreement Between States and Dunkin’ Brands, Inc.

Fourteen states investigated “no-poach†agreements (clauses, often contained in franchise agreements, which prevent workers from switching between employers of the same franchise in order to obtain a better job with a higher salary or improved working conditions). The states settled with four national fast food franchisors, Dunkin’, Arby’s, Five Guys, and Little Caesars, who agreed to cease using “no-poach†agreements that restrict the rights of fast food workers to move from one franchise to another within the same restaurant chain. Under the terms of the settlements, the franchisors will stop including no-poach provisions in any of their franchise agreements and stop enforcing any franchise agreements already in place. The franchisors have also agreed to amend existing franchise agreements to remove no-poach provisions and to ask their franchisees to post notices in all locations to inform employees of the settlement. Finally, the franchisors will notify the attorneys general if one of their franchisees tries to restrict any employee from moving to another location under an existing no-poach provision. Since the investigation began, Wendy’s provided confirmation that it never used no-poach provisions in their contracts with franchisees. Investigations into Burger King, Popeyes, and Panera continue.

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