This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.
With Senate confirmation of William Baer unlikely to happen any time soon, the Department of Justice has announced that Joseph Wayland will serve as the Acting Assistant Attorney General in charge of the Justice Department Antitrust Division after the departure of Sharis A. Pozen at the end of April.
Wayland is the Deputy Assistant Attorney General for Civil Enforcement at the Antitrust Division. He joined the Antitrust Division in September 2010 and has worked on a number of high-profile cases. He was the lead trial counsel in the Justice Department’s successful challenge to AT&T Inc.’s proposed acquisition of T-Mobile USA, Inc. He also headed up the trial team that stopped H&R Block, Inc.’s proposed acquisition of 2SS Holdings—the maker of “TaxACT” tax preparation software.
Prior to joining the Antitrust Division, Wayland was in private practice, as a partner with Simpson, Thacher. He joined the firm in 1988.
Showing posts with label Sharis A. Pozen. Show all posts
Showing posts with label Sharis A. Pozen. Show all posts
Monday, April 09, 2012
Thursday, April 05, 2012
Leibowitz, Pozen Discuss Year’s Highlights at ABA Spring Antitrust Meeting
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.
FTC Chairman Jon Leibowitz and Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice Antitrust Division, discussed the active enforcement agendas at their agencies at the American Bar Association Section of Antitrust Law Spring Meeting on March 30 in Washington, D.C.
Acting Assistant Attorney General Pozen said that the Antitrust Division had an “amazing” year. With respect to criminal enforcement, she noted the recent conviction of AU Optronics Corporation of Taiwan, its U.S. subsidiary, and its former president and former executive vice president for conspiring to fix prices of thin-film transistor-liquid crystal display (TFT-LCD) panels.
On the civil enforcement side, Pozen mentioned two recent successes in the merger enforcement area. She called AT&T’s decision to abandon its proposed acquisition of T-Mobile USA Inc. in the face of a Justice Department challenge a “tremendous victory” and an example of federal/state cooperation. Pozen also noted a federal district decision enjoining H&R Block, Inc.’s proposed acquisition of 2SS Holdings, Inc.—the maker of “TaxACT” tax preparation software (2011-2 Trade Cases ¶77,678). She commended the decision, saying it read like a treatise. Other recommended reading, according to Pozen, is the competitive impact statement, explaining the consent decree resolving the government’s monopolization allegations against United Regional Health Care System of Wichita Falls (2011-2 Trade Cases ¶77,619).
The FTC continued to focus on the health care sector over the past year, the FTC chairman pointed out in his remarks. Leibowitz noted three hospital merger cases in litigation. First, he mentioned the Commission opinion requiring ProMedica Health System to divest rival St. Luke's Hospital in Toledo, Ohio. Second, he said that the FTC was waiting for a federal district court to rule on its request for a preliminary injunction to block OSF Healthcare System’s proposed acquisition of Rockford Health System, which would combine two of the three major hospital systems in Rockford, Illinois. Finally, the FTC chairman highlighted the U.S. Solicitor General’s Supreme Court petition questioning a decision of the U.S. Court of Appeals in Atlanta (2011-2 Trade Cases ¶77,722), holding that the proposed combination of the only two hospitals in Albany, Georgia, was immune from an FTC antitrust attack under the state action doctrine.
Looking ahead, Pozen, who is resigning effective April 30, said that she hoped for a smooth transition to her successor. William Baer—the head of the antitrust group at the Washington, D.C. office of Arnold & Porter, LLP, and a former director of the FTC Bureau of Competition—was nominated to serve as the Assistant Attorney General in charge of the Antitrust Division on February 6. The nomination is pending in the Senate Judiciary Committee.
FTC Chairman Leibowitz said that top enforcement priorities going forward would focus on technology and health care issues, as well as “last dollar fraud,” such as deceptive foreclosure rescue and bogus credit repair schemes. In the technology area, Leibowitz said the FTC was involved in a number of open investigations that he could not discuss. The chairman also noted in his remarks that, with the recent Senate confirmation of Maureen Ohlhausen, the Commission would be operating with a full five-member team.
FTC Chairman Jon Leibowitz and Sharis A. Pozen, Acting Assistant Attorney General in charge of the Department of Justice Antitrust Division, discussed the active enforcement agendas at their agencies at the American Bar Association Section of Antitrust Law Spring Meeting on March 30 in Washington, D.C.
Acting Assistant Attorney General Pozen said that the Antitrust Division had an “amazing” year. With respect to criminal enforcement, she noted the recent conviction of AU Optronics Corporation of Taiwan, its U.S. subsidiary, and its former president and former executive vice president for conspiring to fix prices of thin-film transistor-liquid crystal display (TFT-LCD) panels.
On the civil enforcement side, Pozen mentioned two recent successes in the merger enforcement area. She called AT&T’s decision to abandon its proposed acquisition of T-Mobile USA Inc. in the face of a Justice Department challenge a “tremendous victory” and an example of federal/state cooperation. Pozen also noted a federal district decision enjoining H&R Block, Inc.’s proposed acquisition of 2SS Holdings, Inc.—the maker of “TaxACT” tax preparation software (2011-2 Trade Cases ¶77,678). She commended the decision, saying it read like a treatise. Other recommended reading, according to Pozen, is the competitive impact statement, explaining the consent decree resolving the government’s monopolization allegations against United Regional Health Care System of Wichita Falls (2011-2 Trade Cases ¶77,619).
The FTC continued to focus on the health care sector over the past year, the FTC chairman pointed out in his remarks. Leibowitz noted three hospital merger cases in litigation. First, he mentioned the Commission opinion requiring ProMedica Health System to divest rival St. Luke's Hospital in Toledo, Ohio. Second, he said that the FTC was waiting for a federal district court to rule on its request for a preliminary injunction to block OSF Healthcare System’s proposed acquisition of Rockford Health System, which would combine two of the three major hospital systems in Rockford, Illinois. Finally, the FTC chairman highlighted the U.S. Solicitor General’s Supreme Court petition questioning a decision of the U.S. Court of Appeals in Atlanta (2011-2 Trade Cases ¶77,722), holding that the proposed combination of the only two hospitals in Albany, Georgia, was immune from an FTC antitrust attack under the state action doctrine.
Looking ahead, Pozen, who is resigning effective April 30, said that she hoped for a smooth transition to her successor. William Baer—the head of the antitrust group at the Washington, D.C. office of Arnold & Porter, LLP, and a former director of the FTC Bureau of Competition—was nominated to serve as the Assistant Attorney General in charge of the Antitrust Division on February 6. The nomination is pending in the Senate Judiciary Committee.
FTC Chairman Leibowitz said that top enforcement priorities going forward would focus on technology and health care issues, as well as “last dollar fraud,” such as deceptive foreclosure rescue and bogus credit repair schemes. In the technology area, Leibowitz said the FTC was involved in a number of open investigations that he could not discuss. The chairman also noted in his remarks that, with the recent Senate confirmation of Maureen Ohlhausen, the Commission would be operating with a full five-member team.
Monday, February 06, 2012
Baer to Be Nominated as Antitrust Chief
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.
President Barack Obama intends to nominate Bill Baer to serve as Assistant Attorney General in charge of the Department of Justice Antitrust Division, according to a February 3 White House announcement. Baer would succeed Acting Assistant Attorney General Sharis A. Pozen, who will resign effective April 30 to return to private practice.
Currently the head of the antitrust group at the Washington, D.C. office of Arnold & Porter, LLP, Baer has held a number of high-level positions at the Federal Trade Commission, including director of the FTC’s Bureau of Competition in the 1990s.
During his tenure, the Bureau of Competition was very active in the merger enforcement area. Among the most notable cases was the FTC’s successful challenge to the merger of office supply superstores Staples and Office Depot (1997-2 Trade Cases ¶71,867, 970 F. Supp. 1066 (D.D.C. 1997)).
After earning a J.D. at Stanford Law School, Baer began his legal career in 1975 as a trial attorney for the FTC Bureau of Consumer Protection. He joined Arnold & Porter in 1980, becoming a partner at the firm in 1983. In his practice, Baer represents a broad range of companies in U.S. and international cartel investigations, mergers and acquisition reviews, and in antitrust litigation, it was noted.
President Barack Obama intends to nominate Bill Baer to serve as Assistant Attorney General in charge of the Department of Justice Antitrust Division, according to a February 3 White House announcement. Baer would succeed Acting Assistant Attorney General Sharis A. Pozen, who will resign effective April 30 to return to private practice.
Currently the head of the antitrust group at the Washington, D.C. office of Arnold & Porter, LLP, Baer has held a number of high-level positions at the Federal Trade Commission, including director of the FTC’s Bureau of Competition in the 1990s.
During his tenure, the Bureau of Competition was very active in the merger enforcement area. Among the most notable cases was the FTC’s successful challenge to the merger of office supply superstores Staples and Office Depot (1997-2 Trade Cases ¶71,867, 970 F. Supp. 1066 (D.D.C. 1997)).
After earning a J.D. at Stanford Law School, Baer began his legal career in 1975 as a trial attorney for the FTC Bureau of Consumer Protection. He joined Arnold & Porter in 1980, becoming a partner at the firm in 1983. In his practice, Baer represents a broad range of companies in U.S. and international cartel investigations, mergers and acquisition reviews, and in antitrust litigation, it was noted.
Tuesday, January 24, 2012
Pozen Resigns as Acting Chief of Antitrust Division
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.
Less than six months after her appointment as Acting Assistant Attorney General in charge of the Department of Justice Antitrust Division, Sharis A. Pozen has announced her resignation, effective as of April 30, 2012, according to a January 23 announcement.
Pozen came to the Justice Department in February 2009. She served as chief of staff and counsel and as a key deputy to former Assistant Attorney General Christine A. Varney. Upon Varney’s departure from the division, Pozen was named acting antitrust chief on August 4, 2011.
Prior to coming to the Antitrust Division, Pozen was a partner in the Antitrust, Competition and Consumer Protection Group of Hogan & Hartson (now Hogan Lovells). She also worked for five years at the FTC as an attorney advisor, as assistant to the Bureau of Competition Director, and as a staff attorney.
There was no word on who would replace the Acting Assistant Attorney General. However, there is speculation in the media that William J. Baer, head of the antitrust group at the Washington, D.C. office of Arnold & Porter, LLP., might be on the short-list of candidates. Baer has held a number of high-level positions at the Federal Trade Commission, including director of the FTC’s Bureau of Competition.
Under Pozen’s brief leadership, the Antitrust Division challenged the now-abandoned merger of AT&T Inc. and T-Mobile USA Inc. During her tenure as antitrust chief, the Antitrust Division also successfully blocked the proposed acquisition by H&R Block Inc. of TaxACT, a digital do-it-yourself tax-preparation software provider, at the government’s request (2011-2 Trade Cases ¶77,678).
Among the major accomplishments in the criminal area were the Justice Department’s first enforcement actions targeting price fixing and bid rigging in the automotive parts industry. As part of the investigation, Furukawa Electric Co. Ltd., a supplier of automotive wire harnesses and related products, has pleaded guilty and been fined $200 million fine for its involvement in the conspiracy. That investigation, among many others, is ongoing.
Less than six months after her appointment as Acting Assistant Attorney General in charge of the Department of Justice Antitrust Division, Sharis A. Pozen has announced her resignation, effective as of April 30, 2012, according to a January 23 announcement.
Pozen came to the Justice Department in February 2009. She served as chief of staff and counsel and as a key deputy to former Assistant Attorney General Christine A. Varney. Upon Varney’s departure from the division, Pozen was named acting antitrust chief on August 4, 2011.
Prior to coming to the Antitrust Division, Pozen was a partner in the Antitrust, Competition and Consumer Protection Group of Hogan & Hartson (now Hogan Lovells). She also worked for five years at the FTC as an attorney advisor, as assistant to the Bureau of Competition Director, and as a staff attorney.
There was no word on who would replace the Acting Assistant Attorney General. However, there is speculation in the media that William J. Baer, head of the antitrust group at the Washington, D.C. office of Arnold & Porter, LLP., might be on the short-list of candidates. Baer has held a number of high-level positions at the Federal Trade Commission, including director of the FTC’s Bureau of Competition.
Under Pozen’s brief leadership, the Antitrust Division challenged the now-abandoned merger of AT&T Inc. and T-Mobile USA Inc. During her tenure as antitrust chief, the Antitrust Division also successfully blocked the proposed acquisition by H&R Block Inc. of TaxACT, a digital do-it-yourself tax-preparation software provider, at the government’s request (2011-2 Trade Cases ¶77,678).
Among the major accomplishments in the criminal area were the Justice Department’s first enforcement actions targeting price fixing and bid rigging in the automotive parts industry. As part of the investigation, Furukawa Electric Co. Ltd., a supplier of automotive wire harnesses and related products, has pleaded guilty and been fined $200 million fine for its involvement in the conspiracy. That investigation, among many others, is ongoing.
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