In a 3-1 decision, the Federal Trade Commission (FTC) agreed to settle charges that a leading pool products distributor engaged in unfair methods of competition in violation of §5 of the FTC Act by threatening to punish manufacturers if they supplied new distributors attempting to enter local markets. The Department of Justice required a divestiture to settle charges that a long-term exclusive arrangement among Montana’s leading health insurer and a group of hospitals was unlawful because the arrangement would have doomed a rival health insurer owned by the hospitals.

Other recent antitrust developments of note included AT&T’s abandonment of its proposed merger with T-Mobile in the face of a Department of Justice trial and regulatory scrutiny and rulings by district courts that AT&T customers could not challenge the legality of the merger in arbitration. Efforts by private plaintiffs to contest the Continental and United Airlines merger were rejected for failure to define a relevant market.

Foreclosure—Pool Products

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