Antitrust Law Daily Wrap Up, WORTH NOTING—Other Antitrust and Trade Regulation developments, (Jul 11, 2016)

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

ACQUISITIONS & MERGERS NEWS: The FTC has requested comments on an application by American Aire Liquide Holdings, Inc. to sell certain assets to Matheson Tri-Gas, Inc. a Delaware subsidiary Taiyo Nippon Sanso Corporation of Japan, the agency announced on July 8. The divestiture is required by the FTC’s May 2016 proposed order settling charges that the $13.4 billion merger of industrial gas producers American Air Liquide and Airgas, Inc. would likely harm competition in several U.S. and regional markets. In its petition, American Air Liquide seeks to divest to Matheson all bulk oxygen, nitrogen, and argon assets; all retail packaged welding gases assets; and parts of its bulk liquid carbon dioxide assets, as specified in the proposed order. The Commission will decide whether to approve the proposed divestiture after expiration of the public comment period on August 8 (American Air Liquide Holdings, Inc., FTC File No. 161 0045).

ACQUISITIONS & MERGERS NEWS: The Canada Competition Bureau will not oppose the proposed acquisition of Great Lakes Power Transmission by Hydro One, finding that the transaction is unlikely to result in a substantial lessening or prevention of competition. The deal will result in Hydro One acquiring transmission assets comprising 15 stations, 560 km of power lines, and associated infrastructure over a 12,000 km area along the shore of Lake Superior, northeast of Sault Ste. Marie. The Bureau’s decision, announced on July 8, was based on the fact that the companies operate transmission assets that were physically connected to different customer locations and facilities, and not competing against each other for the provision of transmission services. The proposed acquisition is also subject to the approval of the Ontario Energy Board which regulates electricity transmission rates in Ontario.

CONSUMER PROTECTION NEWS: The House Energy and Commerce Committee has scheduled a markup of eight bills, including a legislative package of eight Federal Trade Commission bills rolled into the FTC Process and Transparency Reform Act (HR 5510). Other bills to be considered include the Consumer Review Fairness Act (HR 5111) and the Amateur Radio Parity Act of 2015 (HR 1301). Opening statements are scheduled for July 12 in Room 2123 of the Rayburn House Office Building, while the markup is scheduled to continue July 13 in the same room. Five of the bills had been scheduled to be marked up on June 23 but the House left early for its July 4 recess due to a House floor sit-in by Democrats.

AGENCY NEWS: The FTC’s Bureau of Competition has announced four recent promotions. Peter Richman has been promoted to Assistant Director of the Mergers III Division, from deputy assistant director. A long-time member of Mergers III, Richman has been involved in nearly every major merger investigation in the energy industry, was part of the litigating teams in several FTC injunction actions, and has supervised several investigations into national and regional gasoline pricing practices. Brian Telpner is the new Deputy Assistant Director for the Mergers III Division. Telpner previously served as a Counsel to the Director and has been involved in numerous investigations involving the oil and gas industries. Jim Mongoven has been promoted to Assistant Director of the Office of Policy and Coordination. He served as an attorney advisor to Chairman Robert Pitofsky and in the Office of Congressional Relations, and worked on trial teams for a number of merger challenges. Mongoven also has written extensively on antitrust matters, including articles on pharmaceutical innovation, merger policy, and market manipulation in wholesale petroleum. Replacing Mongoven as the Deputy Assistant Director of Office of Policy and Coordination is Kelly Signs. Signs was instrumental in helping to develop plain language business guidance such as the Guide to the Antitrust laws and the Competition Matters blog, and has managed numerous projects for the Bureau.

Companies: American Aire Liquide Holdings, Inc.; Matheson Tri-Gas, Inc.; Taiyo Nippon Sanso Corporation; Great Lakes Power Transmission LP; Hydro One

News: AcquisitionsMergers Antitrust ConsumerProtection FederalTradeCommissionNews