Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (Aug 18, 2016)

A periodic roundup of other items of interest to the Antitrust and Trade Regulation community:

ACQUISITIONS & MERGERS NEWS: In light of Energy Transfer Equity, L.P.’s termination of its merger agreement with The Williams Companies, Inc., the FTC has withdrawn its acceptance of a proposed consent order resolving competition concerns over the proposed deal, the agency announced today. According to the FTC’s June 2016 complaint, the proposed merger, initially valued at $37.7 billion, would have reduced competition for "firm" pipeline capacity to deliver natural gas to points within the Florida peninsula. The proposed consent order would have required divestiture relief. According to the FTC, the decision to terminate the merger was unrelated to the agency’s investigation (In the Matter of Energy Transfer Equity, L.P. and The Williams Companies, Inc., FTC Dkt. C-4577, File No. 151-0172).

RICO—11th Cir.: The U.S. Court of Appeals has upheld dismissal of an action against Bill and Hillary Clinton and the Clinton Foundation, asserting Racketeer Influenced and Corrupt Organizations Act and constitutional violations and a common law claim of misappropriation of chattel. Larry Klayman, an attorney proceeding pro se, contended that the Clintons engaged in predicate acts constituting a criminal enterprise designed to enrich them personally, and misappropriated documents which he was entitled to receive and possess under the Freedom of Information Act. In its not-for-publication opinion, the appellate court agreed with the lower court that Klayman failed to allege facts sufficient to support Article III standing (Klayman v. Clinton, August 15, 2016, per curiam).

CONSUMER PROTECTION NEWS: Three Dallas area auto dealers have agreed to pay an $85,000 civil penalty to settle FTC charges that they violated an FTC administrative order barring them from deceptively advertising the cost of buying or leasing a car, the agency announced today. According to the FTC’s complaint, New World Auto Imports Inc., New World Auto Imports of Rockwall Inc. and Hampton Two Auto Corporation concealed sale and lease terms that added significant costs or limited who could qualify for vehicles at the advertised prices, in violation of a 2014 order. In addition to the $85,000 civil penalty, the proposed consent decree would prohibit the dealers from misrepresenting in ads the cost of purchase with financing, the cost of leasing, or any other material fact about price, sale, financing, or leasing. It also would prohibit misrepresentations that anyone, including those with poor credit, was likely to receive financing or leasing, including particular finance or lease terms (U.S. v. New World Auto Imports, Inc., FTC Dkt. C-4437, File No. 132 3165).

Attorneys: Larry E. Klayman, pro se. David E. Kendall (Williams & Connolly, LLP) for Hillary Rodham Clinton. Jacqueline Blaesi-Freed for U.S. Department of Justice. Dana B. Rosenfeld (Kelley Drye & Warren LLP) for New World Auto Imports, Inc., New World Auto Imports of Rockwall, Inc. and Hampton Two Auto Corp.

Companies: Clinton Foundation; Energy Transfer Equity, L.P.; The Williams Companies, Inc. ; New World Auto Imports Inc.; New World Auto Imports of Rockwall Inc.; Hampton Two Auto Corp.

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