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In this Issue: United States 1. FTC abandons challenge to Philadelphia hospital merger. On March 1, 2021, the FTC, suffering its first loss in a hospital merger challenge since 2016, voted 4-0 to end its effort to stop the proposed $599 million merger of Philadelphia-area health care systems Jefferson Health and Albert Einstein Healthcare Network. The FTC’s decision comes about a month and a half after the Pennsylvania Attorney General’s office dropped out of the joint challenge. The FTC challenged the merger on the basis that it would hurt competition in the Philadelphia-area health care market, and after a defeat at the district court, told the appellate court that the judge had applied “faulty economic reasoning.” The FTC alleged that a combined network would control over 60% of the market for inpatient general acute care services in and around North Philadelphia and at least 45% of the market for those services in and around Montgomery County. The ....
Cartel investigation and director disqualifications. In March 2021, three additional company directors were disqualified for several years, following a cartel investigation of their companies by the UK Competition and Market Authority (CMA). The CMA’s investigation of leading rolled-lead manufacturers Associated Lead Mills and Royston Sheet Metal (both owned by International Industrial Metals) and H.J. Enthoven (owned by Eco-Bat Technologies and trading as BLM British Lead) (BLM) culminated in an infringement decision and penalties totaling £9 million (approx. EUR 10.5 million, USD 12.5 million). A key finding was that the infringements had taken place at a very senior level, involving directors who concealed actions that they knew, from having undergone competition compliance training, were in breach of competition law. ....
(AP Photo/Mindaugas Kulbis, File) (CN) The European Court of Justice on Tuesday found that Italy’s rescue plan for a failing bank was legal and did not break European rules limiting government aid to private businesses. Sitting as the grand chamber, the European Union’s top court dismissed the European Commission’s contention that the rescue plan for the Banca Tercas violated EU rules over state aid. The high court upheld a 2019 ruling by the lower European General Court that overturned the commission’s finding that the bank scheme constituted unfair government aid. In 2014, the bank was saved by relying on Italy’s deposit guarantee fund, the Fondo Interbancario di Tutela dei Depositi (FITD), a private consortium of banks that acts as a mutual benefit body. The rescue plan was devised after the Banca Popolare di Bari said it wanted to buy Tercas. ....
Monday, December 14, 2020 A. T-Mobile Netherlands May Acquire Simpel. On Nov. 17, 2020, the Netherlands Authority for Consumers and Markets (ACM) cleared the acquisition of telecom operator Simpel by rival operator T-Mobile Netherlands (T-Mobile). Over its fixed and mobile networks, T-Mobile offers consumers various services, such as telephony, broadband access, and television. Simpel sells mobile-telecom services, such as sim-only plans for mobile phones. For its mobile-telecom services, Simpel uses T-Mobile’s network, as do several other operators. ACM’s investigation has shown that this acquisition does not create any anticompetitive concerns, as it will not have a significant impact on the competitive landscape in the market for mobile-telecom services. The investigation has also shown that, after the acquisition, T-Mobile will continue to face sufficient competition from telecom operators KPN, VodafoneZiggo, and various telecom operators without net ....