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Distribution Merger Challenges at the FTC
Distribution Merger Challenges at the FTC By Scott Sher, Jamillia Ferris, Michelle Hale, and Jordanne Miller In recent years, the Federal Trade Commission (FTC) has launched significant investigations into mergers between distributors, with the merging parties resolving the FTC’s concerns through consent, by abandoning the transaction entirely, or litigating the FTC’s requests for injunction through judgment.1 This precedent provides valuable insight into how the FTC analyzes such mergers. Distribution mergers raise important and oftentimes complex competition concerns that require careful analysis of market structure and the likely competitive effects for particular classes of customers. Different distribution channels can sell precisely the same product but not actually compete against each other, because the idiosyncratic characteristics of one channel disqualify it as an option for a particular group of customers. The analysis below synthesizes key factors considered by the FTC in distribution mergers spanning the past two decades, including the FTC’s more recent focus on acquisitions of disruptive distributors. These factors are essential for counsel to assess and proactively address to avoid a costly FTC challenge and likely death knell to a proposed distribution merger. Three Kinds of Distribution Merger Reviews Historically, the FTC investigated whether consolidation of firms with similar distribution footprints and characteristics raised competition concerns. More recently, the FTC also has investigated and challenged transactions where a dominant distributor acquired a nascent competitor who challenged the incumbent’s distribution methodology with an alternative that threatened to disrupt the market for the better. For purposes of this article, we refer to the former as Traditional Distribution Channel (Traditional DC) mergers and the latter as Disruptive Distribution Channel (Disruptive DC) mergers. -
Packaging Corporation of America | 2018 Annual Report Packaging Corporation of America Is an Ideas and Solutions Company
Packaging Corporation of America | 2018 Annual Report Packaging Corporation of America is an ideas and solutions company. Our Packaging segment is known for its expertise in the manufacturing and sales of containerboard and corrugated products, and our Paper segment (Boise Paper) produces and sells consumer-brand office and business papers. Together, we are focused on bringing value to a growing number of customers around the world. PCA is a large company with a small-company feel. As a result of strategic planning and positioning, our customers enjoy wide-ranging resources and economies of scale, as well as responsive service in the right place at the right time. PCA’s common stock is listed on the New York Stock Exchange under the ticker symbol PKG. Full-Line Plants Sheet/Specialty Plants Hexacomb Plants Tharco Distribution Centers Full-Line Plants Packaging and Sheet/Specialty Plants Full-LineSupply Centers Plants Hexacomb Plants Full-Line Plants Sheet/SpecialtySheet Feeder Plants Tharco Distribution HexacombCreativeFull-Line DesignPlants Plants Centers CentersSheet/Specialty Plants The PCA Packaging and Services Network TharcoFulfillmentSheet/Specialty Distribution Centers Plants Hexacomb Plants Hexacomb Plants Full-Line Plants PackagingTharco Distribution and Centers Sheet/Specialty Plants Tharco Distribution Full-Line Plants SupplyCenters Centers PackagingTechnicalFull-Line Plants Center and Full-Line Plants Sheet/Specialty plants HexacombHexacomb plants Plants Sheet Feeder ContainerboardCenters Mills Full-Line Plants Sheet/Specialty -
(Chicago MSA) 260 E Rollins Road Round Lake Beach, IL 60073
CVS - PROSPECT,OfficeMax CT - Round Lake Beach, IL (Chicago MSA) NET LEASENET OPPORTUNITYLEASED INVESTMENT OFFERING Representative Photo Representative Photo OfficeMax (Chicago MSA) 260 E Rollins Road Round Lake Beach, IL 60073 Randy Blankstein |President Jimmy Goodman |Partner 847.562.0003 www.bouldergroup.com 847.562.8500 [email protected] [email protected] CVS - PROSPECT,CONFIDENTIALITY CT & DISCLAIMER NET LEASE OPPORTUNITY CONFIDENTIALITY & DISCLAIMER The information contained in the following Offering Memorandum is proprietary and strictly confidential. It is intended to be reviewed only by the party receiving it from The Boulder Group and should not be made available to any other person or entity without the written consent of The Boulder Group. This Offering Memorandum has been prepared to provide summary, unverified information to prospective purchasers, and to establish only a preliminary level of interest in the subject property. The information contained herein is not a substitute for a thorough due diligence investigation. The Boulder Group has not made any investigation, and makes no warranty or representation. The information contained in this Offering Memorandum has been obtained from sources we believe to be reliable; however, The Boulder Group has not verified, and will not verify, any of the information contained herein, nor has The Boulder Group conducted any investigation regarding these matters and makes no warranty or representation whatsoever regarding the accuracy or completeness of the information provided. -
In the United States District Court for Northern District of Illinois Eastern Division
Case: 1:11-cv-03752 Document #: 1 Filed: 06/02/11 Page 1 of 7 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION SELECT RETRIEVAL, LLC, : Civil Case No. 11-3752 : Plaintiff : : v. : : : ABT ELECTRONICS, INC., : ACE HARDWARE CORP., ACTION : VILLAGE, LLC, CALUMET : PHOTOGRAPHIC, INC., CHELSEA & : SCOTT, LTD., EUROMARKET : DESIGNS, INC., d/b/a CRATE AND : BARREL, FANSEDGE INC., : OFFICEMAX, INC., OPTICSPLANET, : INC., SEARS HOLDINGS CORP., : WALGREEN CO., WHITNEY : AUTOMOTIVE GROUP, INC., W.W. : GRAINGER, INC., ULTA SALON, : JURY TRIAL DEMANDED COSMETICS & FRAGRANCE, INC. : : : Defendants. : COMPLAINT Plaintiff Select Retrieval, LLC (“Select Retrieval” or “Plaintiff”), by way of Complaint against defendants Abt Electronics, Inc., Ace Hardware Corp., Action Village, LLC, Calumet Photographic, Inc., Chelsea & Scott, Ltd., Euromarket Designs, Inc., d/b/a Crate and Barrel, Fansedge Inc., Officemax, Inc., OpticsPlanet, Inc., Sears Holdings Corp., Walgreen Co., Whitney Automotive Group, Inc., W.W. Grainger, Inc., ULTA Salon, Cosmetics & Fragrance, Inc. (collectively “defendants”), hereby alleges as follows: Case: 1:11-cv-03752 Document #: 1 Filed: 06/02/11 Page 2 of 7 PageID #:2 NATURE OF THE ACTION 1. This is an action for patent infringement arising under the Patent Laws of the United States, 35 U.S.C. § 101, et seq. THE PARTIES 2. Plaintiff Select Retrieval is a limited liability company organized under the laws of Texas with its principal place of business at 777 Enterprise Drive, Hewitt, Texas 76643. 3. Defendant Abt Electronics, Inc. is a corporation organized under the laws of Illinois with its principal place of business at 1200 N. Milwaukee Avenue, Glenview, Illinois 60025, and an agent for service of process at Frank R. -
2019 Megabrands Table of Contents
2019 MEGABRANDS TABLE OF CONTENTS I. OOH Industry Revenue Overview II. 2019 Top 100 OOH Advertisers III. 2019 Top 100 Overall Advertisers IV. 2019 Agency List - Top 100 OOH Advertisers V. 2019 Agency List - Top 100 Overall Advertisers VI. OOH Agencies & Specialists Overview OOH INDUSTRY OVERVIEW Top 10 OOH Revenue Categories by Quarter and Full Year 2019 2019 January - March OOH Advertising Expenditures Ranked By Total Spending Category Growth Percentage Change Jan - Mar Percent of Jan - Mar Jan - Mar Jan - Mar 2019 Total 2018 '19 vs '18 '19 vs '18 Industry Categories ($m) Revenue Rank ($m) Rank ($m) (%) MISC LOCAL SERVICES & AMUSEMENTS 435,139.6 24.5% 1 403,806.8 1 31,332.8 7.8% RETAIL 174,055.8 9.8% 2 175,932.4 2 -1,876.6 -1.1% MEDIA & ADVERTISING 163,399.3 9.2% 3 144,097.0 3 19,302.3 13.4% PUBLIC TRANSPORT, HOTELS & RESORTS 124,325.6 7.0% 4 122,314.9 5 2,010.7 1.6% RESTAURANTS 115,445.2 6.5% 5 130,692.7 4 -15,247.5 -11.7% FINANCIAL 106,564.8 6.0% 6 100,532.8 6 6,032.0 6.0% INSURANCE & REAL ESTATE 103,012.6 5.8% 7 87,128.4 8 15,884.2 18.2% GOVERNMENT, POLITICS & ORGS 94,132.2 5.3% 8 92,155.1 7 1,977.1 2.1% AUTOMOTIVE DEALERS & SERVICES 74,595.4 4.2% 9 75,399.6 9 -804.2 -1.1% SCHOOLS, CAMPS & SEMINARS 69,267.1 3.9% 10 70,373.0 10 -1,105.9 -1.6% Total Top Ten Categories 1,459,937.6 82.2% 1,402,432.7 57,504.9 Total 2019 January - March OOH Expenditures $1,776,079,816 Overall Percentage Change January - March '19 vs '18 6.0% Source: Kantar Media, OAAA - May 2019 Prepared by the Out of Home Advertising Association of America 2019 April - -
Whitestone REIT Enters Chicago Market Through Acquisition of Upscale Mixed-Use Property; Chairman Makes Substantial Investment in REIT
Company Release - 01/21/2009 16:00 Whitestone REIT Enters Chicago Market Through Acquisition of Upscale Mixed-Use Property; Chairman Makes Substantial Investment in REIT HOUSTON, Jan. 21, 2009 (GLOBE NEWSWIRE) -- Whitestone REIT, a public, non-traded community business center real estate investment trust, today announced that Midwest Development Venture IV ("MDV IV"), an Illinois limited partnership controlled by James C. Mastandrea, Whitestone's Chairman and CEO, has invested approximately $3.6 million in the Company through a transfer of equity in Spoerlein Commons, a commercial retail/office property located in Buffalo Grove, Illinois, a Chicago suburb. Mr. Mastandrea is the majority owner and controlling partner of MDV IV. The contribution of the property to Whitestone REIT Operating Partnership in exchange for partnership units fulfills Mastandrea's prior stated commitment to invest in Whitestone REIT. The total purchase price paid by Whitestone was $9,401,000, and was paid in the form of $5.5 million in cash and 703,912 units of Whitestone Operating Partnership ("OP Units"). No dividends will be paid on the OP Units prior to June 30, 2009. Because of Mr. Mastandrea's relationship with both buyer and seller, a special committee comprised of three independent members of Whitestone REIT's Board of Trustees represented the purchaser, including Jack Mahaffey, Don Keating, and Chris Minton. The special committee determined the terms of the transaction and was assisted by an independent appraisal firm in determining the value of the property. -
2007 Labeled Buildings List Final Feb6 Bystate
ENERGY STAR® Qualified Buildings and Manufacturing Plants As of December 31, 2007 Building/Plant Name City State Building/Plant Type Alabama Calhoun County Administration Building Anniston AL Courthouse Calhoun County Court House Anniston AL Courthouse 10044 Birmingham AL Office Alabama Operations Center Birmingham AL Office BellSouth City Center Birmingham AL Office Birmingham Homewood TownePlace Suites by Marriott Birmingham AL Hotel/Motel Roberta Plant Calera AL Cement Plant Honda Manufacturing of Alabama, LLC Lincoln AL Auto Assembly Plant Alaska Elmendorf AFB, 3MDG, DoD/VA Joint Venture Hospital Elmendorf Air Force Base AK Hospital Arizona 311QW - Phoenix Chandler Courtyard Chandler AZ Hotel/Motel Bashas' Chandler AZ Supermarket/Grocery Bashas' Food City Chandler AZ Supermarket/Grocery Phoenix Cement Clarkdale AZ Cement Plant Flagstaff Embassy Suites Flagstaff AZ Hotel/Motel Fort Defiance Indian Hospital Fort Defiance AZ Hospital 311K5 - Phoenix Mesa Courtyard Mesa AZ Hotel/Motel 100 North 15th Avenue Building Phoenix AZ Office 1110 West Washington Building Phoenix AZ Office 24th at Camelback Phoenix AZ Office 311JF - Phoenix Camelback Courtyard Phoenix AZ Hotel/Motel 311K3 - Courtyard Phoenix Airport Phoenix AZ Hotel/Motel 311K4 - Phoenix North Courtyard Phoenix AZ Hotel/Motel 3131 East Camelback Phoenix AZ Office 57442 - Phoenix Airport Residence Inn Phoenix AZ Hotel/Motel Arboleda Phoenix AZ Office Bashas' Food City Phoenix AZ Supermarket/Grocery Biltmore Commerce Center Phoenix AZ Office Biltmore Financial Center I Phoenix AZ -
Mr. Tanen's Tie Trouble to Tell Your Ideas
HOUGHTON MIFFLIN HARCOURT Program Authors James F. Baumann • David J. Chard • Jamal Cooks • J. David Cooper • Russell Gersten • Marjorie Lipson Lesley Mandel Morrow • John J. Pikulski • Héctor H. Rivera • Mabel Rivera • Shane Templeton • Sheila W. Valencia Catherine Valentino • MaryEllen Vogt Consulting Author Irene Fountas Cover illustration by Bill Cigliano. Copyright © 2014 by Houghton Mifflin Harcourt Publishing Company All rights reserved. No part of this work may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage and retrieval system, without the prior written permission of the copyright owner unless such copying is expressly permitted by federal copyright law. Requests for permission to make copies of any part of the work should be addressed to Houghton Mifflin Harcourt Publishing Company, Attn: Contracts, Copyrights, and Licensing, 9400 South Park Center Loop, Orlando, Florida 32819. Common Core State Standards © Copyright 2010. National Governors Association Center for Best Practices and Council of Chief State School Officers. All rights reserved. This product is not sponsored or endorsed by the Common Core State Standards Initiative of the National Governors Association Center for Best Practices and the Council of Chief State School Officers. Printed in the U.S.A. ISBN 978-0-547-88548-3 123456789 - TK – 21 20 19 18 17 16 15 14 13 12 4500000000 B C D E F G If you have received these materials as examination copies free of charge, Houghton Mifflin Harcourt Publishing Company retains title to the materials and they may not be resold. Resale of examination copies is strictly prohibited. -
Global Forum 2018 Attendee Profiles
Global Forum 2018 Attendee Profiles Ric Andersen Vice President and General Manager The HON Company Ric Andersen leads HON’s strategic growth priorities as well as HON’s Project Advantage Business. His responsibilities include: leading digital and brand marketing efforts, directing product design and development efforts and leading the HON organisation’s sales team while accelerating aggressive profitable growth across HON’s business. Ric joined the HNI organisation in 2004 as VP Marketing and Sales at The Gunlocke Company. In 2008, he transitioned to The HON Company. Casey Avent President Smead Manufacturing Company Casey Avent joined Smead Manufacturing Company in 1996 and has held a variety of positions over the years. After starting his career in marketing, he moved into the sales department as a Territory Sales Representative in the North Texas area. In 2007 he accepted a position on the operations side of the business as Director of Supply Chain, and then spent several years as National Account Manager for the company’s S&W Manufacturing subsidiary. In 2013 Casey returned to Smead headquarters as VP of Sales. He was promoted to President in 2016. Janet Bell Director OPI Janet Bell has been working in the office products sector for 18 years. She joined OPI in 2000, running its international events across Europe, Asia and the US. She became Director in 2006 following a management buyout and, along with the events, she now oversees OPI’s operational and marketing activities and its online presence. In addition, she is a board member of Office Products Women in Leadership and is keen to support the role of women in the OP sector. -
ORDER Denying 51 Select Retrieval, LLC's Motion to Dismiss
Adobe Systems Incorporated v. Select Retrieval, LLC Doc. 68 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ADOBE SYSTEMS ) Case No. 3:12-cv-2342-GPC-WMC INCORPORATED, a Delaware ) 12 Corporation, ) ORDER DENYING SELECT ) RETRIEVAL, LLC’S MOTION 13 Plaintiff, ) TO DISMISS PLAINTIFF ADOBE v. ) SYSTEM INCORPORATED’S 14 ) FIRST AMENDED COMPLAINT SELECT RETRIEVAL, LLC, a Texas ) FOR DECLARATORY 15 Limited Liability Corporation, ) JUDGMENT ) 16 Defendant. ) (ECF NOS. 51, 55) ) 17 18 INTRODUCTION 19 Before the Court in this patent case is defendant Select Retrieval, LLC’s (“Select 20 Retrieval”) Motion to Dismiss plaintiff Adobe System Incorporated’s (“Adobe”) 21 currently operative First Amended Complaint (“FAC”) pursuant to the first-to-file rule. 22 (ECF Nos. 51, 54.) Adobe has filed a response in opposition, (ECF No. 59), and Select 23 Retrieval has filed a reply, (ECF No. 65). The Court find’s Select Retrieval’s Motion 24 to Dismiss suitable for disposition without oral argument. See CivLR 7.1.d.1. Having 25 considered the parties’ submissions and the applicable law, and for the reasons that 26 follow, the Court will DENY Select Retrieval’s Motion to Dismiss. 27 / / / 28 / / / 3:12-cv-2342-GPC-WMC Dockets.Justia.com 1 BACKGROUND 2 Adobe filed this case on September 25, 2012,1 following Select Retrieval’s 3 decision to sue several of Adobe’s customers for infringement of U.S. Patent No. 4 6,128,617 (“‘617 patent”) and U.S. Patent No. 5,953,724 (“‘724 patent”). -
9–10–10 Vol. 75 No. 175 Friday Sept. 10, 2010 Pages 55255–55452
9–10–10 Friday Vol. 75 No. 175 Sept. 10, 2010 Pages 55255–55452 VerDate Mar 15 2010 18:25 Sep 09, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\10SEWS.LOC 10SEWS hsrobinson on DSK69SOYB1PROD with PROPOSALS6 II Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. -
Office of Telecommunications
j(>.l·.<I,':i·~ l'~' '. "i}.'.s:;-!l!..OU L'····.,. DL'-'" : TIlt ~..;\. :c,~i.\:,\tt::h ,~s I.----..-------------- ---_Ii lis... I - ...'.... ------·----1 1 • TO DlSPO~:):C }.:r;CO~~DS or :_~$EP':~l~~~ I JOa /,0. • 1 (Fur ;·nsttuct. •. n t/:t1 n')~ ('If t b i: !"1:'/:-'" .Vrt:'.:r."'It ~h.:r.; ..cr; /·/[Jnu:!l . Od the DJ<FO')ltio., 0: Foctc-:s., i{t;C,"'II.J:J) 0,\1£ Aff"O\'W -r'- ,j., c 76 (, ~~ .. .{o- +] Tv: THE Ar;:Ci-i I V1ST ()F TH,':: U;'4(-i [0 ~~-iI,T 1'::3 , NATIONr~L ARCH IVES, 'vV'\S!-·!l;'.!C-i-():'~ ZS, D. C. ~ --=---- -:-:-j -l.-FR-O~'-l -(A-G6:;-:::Y-()-'!,L~-A-3-lIs;i;,:-;-r;r-)------------------------ -----------. NOTIFICATIONAGENCYTO -I _pc.2a~tny3nL2Lc.;;.s)!lUnerCe In accordance with the provisions of 44 U.S.C. ! -------- 3303a the disposal request, including amend- 2. MAJOR SUlJD1VI,,:C-.1 I ments, is approved except for items that may _/ Office of Teleconmurtications be stamped "disposal not approved" or I "withdrawn" in co imn 10. --;--,I. [J.,:tE"---._-------------------------1- OF i"f:f·.:O', \'.n~1 W~IO~~ro CO::FE:R c,.:; -'lE-S-I•. 9:'T~1-63 0 -, 4-- 30- 1 t, nate7Jk_ A J Lvy V. -.--_.-'I Parr _________________ -. --1-~~ ,~,;._ __ _..,;;;;;; .-----~... G. CERTIFICATE OF ,~G~~JCY REPf/i:SC:in<\TIVE- ~77 - OFFICE OF TELECOHMUNICATIONS ii.f.:2,~~~2l-=!1r)1~Tlt- Gn Fe>hn_1Ary 9, 1970 t he Pr e s i.dent; I 'transm~ttcd to the Congress Reorganization Plan No.