Apresentação
Este é um informativo diário que traz para o(a) leitor (a) notícias e casos de defesa da concorrência das principais jurisdições antitruste do mundo (CADE, FTC, Comissão Europeia, CMA etc).
Notícias
Justice Department and Federal Trade Commission Extend Public Comment on Request for Information Targeting Serial Acquisitions, Roll-Up Strategies Across U.S. Economy
Friday, July 19, 2024Share
For Immediate Release
Office of Public Affairs
The Justice Department’s Antitrust Division and the Federal Trade Commission (FTC) are extending the deadline for the public to comment on serial acquisitions and roll-up strategies that harm competition by 60 days. The joint request for information (RFI) seeks to learn more about how corporate actors, including private equity owned businesses, become larger — and potentially dominant — through acquisitions of several smaller firms in the same or related business sectors or industries. The new deadline to submit comments is Sept. 20.
Businesses do not have to report every deal to the federal antitrust agencies, but some non-reportable deals still allow firms to amass significant control over key products, services or labor markets without government scrutiny. These types of transactions can harm competition to the detriment of consumers, workers and innovation across an entire industry or business sector.
The agencies’ RFI seeks to understand more about these deals and strategies, and invites a wide range of stakeholders including consumers, workers, businesses and others to submit their comments. Comments can be submitted via Regulations.gov. Once submitted, comments will be posted to Regulations.gov.
Updated July 19, 2024
FTC and DOJ Extend Public Comment on Request for Information Targeting Serial Acquisitions, Roll-Up Strategies Across U.S. Economy
The Federal Trade Commission and the U.S. Department of Justice Antitrust Division (DOJ) are extending the deadline by 60 days for the public to comment on a joint Request for Information that seeks to identify serial acquisitions and roll-up strategies throughout the economy that have led to consolidation that has harmed competition. The new deadline to submit comments is now September 20, 2024.
The RFI seeks information on serial acquisitions and roll-up strategies in which corporate actors, including private equity owned businesses, become larger—and potentially dominant—through acquisitions of several smaller firms in the same or related business sectors or industries.
Often, businesses do not have to report these deals to the federal antitrust agencies, allowing firms to amass significant control over key products, services, or labor markets without government scrutiny. These types of transactions can harm competition to the detriment of consumers, workers, and innovation across an entire industry or business sector.
The agencies seek comments on serial acquisitions across all sectors and industries in the U.S. economy and invites a wide range of stakeholders including consumers, workers, businesses, and others to submit their comments. The comment period was originally set to end on July 22, 2024. Comments can be submitted via Regulations.gov. Once submitted, comments will be posted to Regulations.gov.
The Federal Trade Commission develops policy initiatives on issues that affect competition, consumers, and the U.S. economy. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.
Press Release Reference
FTC and DOJ Seek Info on Serial Acquisitions, Roll-Up Strategies Across U.S. Economy
Jury Convicts Two Executives in Longstanding Antitrust Conspiracy to Fix Prices, Rig Bids and Allocate Markets for Concrete
Friday, July 12, 2024Share
For Immediate Release
Office of Public Affairs
A jury convicted Gregory and David Melton yesterday in the U.S. District Court in Savannah, Georgia, for their role in a conspiracy to fix prices, rig bids and allocate markets for sales of ready-mix concrete in Georgia and South Carolina. The conspiracy, which began as early as 2010 and continued until about July 2016, involved coordinating price-increase letters to customers, allocating specific jobs in the coastal Georgia area and submitting bids to customers at collusive and noncompetitive prices.
Including yesterday’s verdicts, this investigation resulted in five criminal convictions and one deferred prosecution agreement. Defendants James Pedrick, Timothy Strickland and Strickland’s company, Evans LLC, previously pleaded guilty as a part of the same conspiracy. Pedrick’s former employer, Argos USA LLC, previously entered into a deferred prosecution agreement with the Antitrust Division, admitted to its participation in the conspiracy and agreed to pay a $20 million criminal penalty.
“Concrete is essential to our nation’s infrastructure,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Today’s guilty verdicts reflect the Antitrust Division’s commitment to holding individuals accountable for cheating American consumers out of the opportunity to purchase necessary building materials free of corruption and collusion. The division and its law enforcement partners will continue to prioritize their work prosecuting individuals responsible for this illegal and unethical conduct.”
“Customers expect to receive fair value for construction materials – not to enrich unscrupulous vendors who collude to unfairly increase their profits,” said U.S. Attorney Jill E. Steinberg for the Southern District of Georgia. “This verdict makes it clear that our office and law enforcement partners will hold accountable those who violate the law to pad their bottom line.”
“Today’s verdict shows the determination of the FBI and our partners to hold accountable those who interfere with a free marketplace for consumers,” said Assistant Director in Charge David Sundberg of the FBI Washington Field Office. “The public should expect an open and fair market, free from corruption and collusion, with the ability to purchase essential building materials.”
“Bid rigging and fraud schemes are serious criminal actions that adversely impact the competitive contracting marketplace,” said Special Agent in Charge Joseph Harris of the Department of Transportation Office of Inspector General (DOT OIG), Southern Region. “Today’s conviction should serve to deter individuals and companies from engaging in deceptive practices that violate federal regulations and the public’s trust.”
“The Justice Department’s Antitrust Division, along with our other federal law enforcement partners, secured a victory with today’s guilty verdict in our fight against bid-rigging and collusion,” said Executive Special Agent in Charge Kenneth Cleevely of the U.S. Postal Service (USPS) Office of Inspector General (OIG). “The USPS OIG will vigorously investigate those who would engage in harmful anticompetitive practices, and we continue to ask for the public’s assistance in identifying and reporting those engaged in this type of activity.”
Violating the Sherman Act, which is a federal criminal antitrust statute, is a felony. The maximum penalty for individuals convicted of violating the Sherman Act is 10 years in prison and a $1 million criminal fine. The fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims of the crime if either amount is greater than the statutory maximum fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The FBI Washington Field Office, DOT OIG and USPS OIG investigated the case.
Attorneys Patrick S. Brown and Julia M. Maloney of the Antitrust Division’s Washington Criminal Section and Assistant U.S. Attorney E. Greg Gilluly Jr. for the Southern District of Georgia prosecuted the case, with valuable assistance from Senior Litigation Counsel Gary Bell, Assistant Chief Megan Lewis and Trial Attorney Daniel A. Loveland of the Antitrust Division.
In November 2019, the Justice Department created the Procurement Collusion Strike Force (PCSF), a joint law enforcement effort to combat antitrust crimes and related fraudulent schemes that impact government procurement, grant and program funding at all levels of government – federal, state and local. To learn more about the PCSF, or to report information on bid rigging, price fixing, market allocation and other anticompetitive conduct related to government spending, go to www.justice.gov/procurement-collusion-strike-force.
Updated July 15, 2024
Atos de concentração – Decisões
CADE
DESPACHO SG Nº 841, DE 18 DE JULHO DE 2024
Ato de Concentração nº: 08700.003691/2024-01
Requerentes: DaVita Brasil Participações e Serviços de Nefrologia Ltda e Brasnefro Participações Ltda.
Com fulcro no §1º do art. 50 da Lei nº 9.784, de 1999, integro as razões da Nota Técnica nº 12/2024/CGAA2/SGA1/SG/CADE (SEI 1417009) à presente decisão, inclusive como sua motivação.
Pelos fundamentos apontados na nota técnica citada, decido pelo deferimento dos pedidos de intervenção como terceiros interessados, formulados pela NEFROSTAR e DIAVERUM, nos termos do art. 50, I, da Lei nº 12.529/2011. Publique-se.
ALEXANDRE BARRETO DE SOUZA
Superintendente-Geral
CMA
Macquarie Asset Management / Last Mile Infrastructure merger inquiry
- The CMA is investigating the anticipated acquisition by Macquarie Asset Management of a jointly controlling interest in Last Mile Infrastructure (Holdings) Limited.
- Updated: 19 July 2024
Roche / LumiraDx merger inquiry
- The CMA is investigating the anticipated acquisition by Roche Diagnostics Limited of certain entities held by LumiraDx Group Limited (in administration) and LumiraDx International Limited (in administration)
- Updated: 19 July 2024
Nationwide Building Society / Virgin Money merger inquiry
- The CMA is investigating the anticipated acquisition by Nationwide Building Society of Virgin Money UK PLC.
- Updated: 19 July 2024
Eurofins / Cellmark merger inquiry
- The CMA is investigating the anticipated acquisition by Eurofins Forensics Lux Holding Sarl (Eurofins) of DNACO Limited (Cellmark).
- Updated: 18 July 2024