Friday, May 7, 2021
Federal Trade Commission (FTC)
FTC approves final order imposing conditions on E. & J. Gallo Winery’s acquisition of assets from Constellation Brands, Inc.
On April 5, 2021, the FTC announced that following the public comment period, it would approve a final order relating to E. & J. Gallo Winery’s transaction with competitor Constellation Brands, Inc. Under the order, Gallo agreed to divest several product lines and exclude several others from its deal with Constellation. As discussed further in our January 2021 newsletter, the FTC alleged that the proposed acquisition would eliminate head-to-head competition and constrain competition in six product markets: entry-level on-premise sparkling wine; low-priced sparkling wine; low-priced brandy; low-priced port; low-priced sherry, and high color concentrates.
Tuesday, December 15, 2020
A. Federal Trade Commission (FTC)
Consent decree for Stryker Corp. to divest assets as part of $4 billion acquisition of Wright Medical Group N.V.
On Nov. 3, 2020, the FTC announced that it would require Stryker Corp. and Wright Medical Group N.V. to divest assets related to Stryker’s total ankle replacements and finger joint implant products to remedy antitrust concerns that Stryker’s proposed $4 billion acquisition of Wright would harm competition in those markets. The FTC consent decree requires the divestiture of those assets to DJO Global, Inc., permitting it to become an independent, viable, and effective competitor to Stryker. The proposed consent decree also requires Stryker to supply DJO Global with transition assistance and to act as an intermediary supplier until DJO Global obtains FDA approval to be the legal manufacturer of the divested products