DealBook: Justice Dept. Seeks to Block Anheuser's Deal for Modelo

The Justice Department sued on Thursday to block the Anheuser-Busch InBev proposed $20.1 billion deal to buy control of Grupo Modelo of Mexico, arguing that the merger would significantly reduce competition in the American beer market.

The deal, announced last summer, would add Corona Extra to the company’s formidable stable of brands, including Budweiser and Stella Artois.

But the Justice Department said in its lawsuit, filed in Federal District Court in Washington, that allowing the merger to proceed would reduce competition in the beer industry across the country as a whole and in 26 metropolitan areas in particular. The combined company would control about 46 percent of annual sales in the country, the government said, far outpacing Anheuser-Busch InBev’s closest competitor, MillerCoors.

“If ABI fully owned and controlled Modelo, ABI would be able to increase beer prices to American consumers,” William J. Baer, head of the Justice Department’s antitrust division, said in a statement. “This lawsuit seeks to prevent ABI from eliminating Modelo as an important competitive force in the beer industry.”

The deal is the biggest to be opposed by the Justice Department since 2011, when it sued to block the proposed $39 billion takeover by AT&T of T-Mobile USA.

The government’s move is the first significant effort to halt widespread consolidation in the beer industry in some time. Anheuser-Busch InBev itself was the product of a blockbuster merger between two of the world’s biggest brewers, and one of MillerCoors’s parents is the acquisitive SABMiller.

In its complaint, the Justice Department said Modelo had served as a low-price counterbalance to its larger competitors, resisting the price increases Anheuser-Busch InBev has promoted regularly.

In a statement, Anheuser-Busch said, “We remain confident in our position, and we intend to vigorously contest the D.O.J.’s action in federal court.”

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Toyota recalls 1 million of its Corollas and Lexus IS sport sedans









Toyota Motor Corp. announced recalls of 1 million vehicles, including some models of its popular Toyota Corolla and its Lexus IS sports sedan.


About 752,000 Corolla and Corolla Matrix vehicles are being recalled to fix an air-bag control module that is susceptible to short circuiting that could eventually cause the front air bags and seat belt pretensioners to deploy when they shouldn't.


The recall affects Corollas from the 2003 and 2004 model years. There have been two reported accidents and 18 injuries linked to the problem, said Brian Lyons, a Toyota spokesman.





For years, the Corolla has played a key role in Toyota's sales success in the U.S.  It was the second-best-selling compact car nationally last year with sales of 291,000 vehicles, second only to the Honda Civic, which sold about 318,000.


The Corolla was last redesigned in 2009. Toyota introduced a concept version of what is expected to become the new Corolla at the North American International Auto Show in Detroit this month.


Toyota also said it will recall 270,000 IS sport sedans sold by its luxury Lexus division because a nut on the front windshield wiper arms could be insufficiently tight. If movement of the wipers is restricted by an external load, such as a buildup of heavy snow on the windshield, one or both of the wipers could stop working.


The recall includes vehicles from the 2006 model year through the beginning of the 2013 model year. There have been 25 reports of wipers not functioning correctly, but no reports of accidents as a result.


Toyota plans to roll out a new generation of the IS line this year.
 
Owners of vehicles covered by these safety recalls will be notified by mail. Dealers will fix the problems at no cost to the vehicle owner.


Toyota has had a series a large recalls in recent years and has paid record federal fines for not recalling its vehicles fast enough.  But that doesn’t seem to bother buyers.


Toyota’s share of U.S. auto sales rose to 14.4% last year from 12.9% the year before. Globally, it recaptured the position as the world’s biggest auto seller last year, knocking General Motors from the No. 1 spot.


“Despite the flood of recalls, buyers continue to be extremely loyal to Toyota,” said George Cook, professor at the Simon School of Business at the University of Rochester. “Toyota is keenly aware of post-recall challenges and continues to be extremely proactive about announcing even the smallest of problems to ensure a positive consumer response.”


ALSO:


Fisker seeks cash


Prius tops California car sales


GM makes big plant investment


Follow me on Twitter (@LATimesJerry), Facebook and Google+.



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RIM starts glitzy BlackBerry 10 launch parties






NEW YORK (Reuters) – Research In Motion Ltd on Wednesday kicked off a string of global launch parties for a long-delayed line of smartphones it says will put it on the comeback trail in a market it once dominated.


The new BlackBerry 10 phones will compete with Apple‘s iPhone and devices using Google‘s Android technology, both of which have soared above the BlackBerry in a competitive market.






They boast fast browsers, new features, smart cameras and, unlike previous BlackBerry models, enter the market primed with a large app library.


(Writing by Janet Guttsman; Editing by Frank McGurty)


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Spielberg seen winning director Oscar for “Lincoln”






LOS ANGELES (Reuters) – American filmmaker Steven Spielberg is clear favorite among the public to win the best director award for his film about President Abraham Lincoln at the Academy Awards this year, a Reuters poll showed on Wednesday.


While the race to win best film at the February 24 ceremony was shaken up by “Argo” stealing the thunder of “Lincoln” at two award ceremonies last weekend, the best director statuette was deemed destined for one man.






Spielberg, 66, who has been nominated seven times for best director at the Oscars and won twice – for the World War Two dramas “Schindler’s List” in 1993 and “Saving Private Ryan” in 1998 – was seen as far ahead in the all-male field of five.


A Reuters Ipsos poll of 1,641 Americans found 41 percent thought Spielberg should win and 38 percent said he was most likely to win for his U.S. Civil War-era drama in which British actor Daniel Day-Lewis plays Lincoln.


Almost half of the respondents to the survey conducted Friday through Tuesday were unsure who should or was most likely to be voted best director. The accuracy of the poll uses a statistical measure called a “credibility interval” and is precise to within 2.8 percentage points.


The online poll comes before the Directors Guild of America awards on Saturday in Los Angeles. Since 1948, there have been only six occasions where the winner of the DGA Award for Feature Film has not gone on to win the Oscar for best director.


But this year, the Academy of Motion Picture Arts and Sciences, whose members choose Oscar winners, overlooked the directors of four of the year’s biggest movies – Ben Affleck (“Argo”), Kathryn Bigelow (“Zero Dark Thirty”), Quentin Tarantino (“Django Unchained”) and Tom Hopper (“Les Miserables”) – opening the possibility of a rare split in February in the best film and best director categories.


Betting agencies also have earmarked Spielberg as clear favorite, with William Hill offering odds of 1-5 on Spielberg.


“Our theory is that Spielberg will win best director but not best film,” said Rupert Adams, a spokesman for bookmaker William Hill. “If you listen to what people are saying it is that ‘Lincoln’ is a brilliant film in terms of direction but it is not that exciting to watch unlike ‘Argo.’”


Ang Lee, with his 3-D film adaptation of the best-selling novel “Life of Pi” about an Indian boy adrift at sea with a tiger, was ranked second in the Reuters poll with about one in 10 respondents saying he should or was most likely to win.


The Taiwanese director won the Academy Award for best director in 2005 for the gay-themed Western romance “Brokeback Mountain.”


David O. Russell with the quirky comedy “Silver Linings Playbook” was rated third in the poll with about 5 percent.


The two surprise contenders in the race ranked fourth and fifth: Benh Zeitlin, 30, with his first feature, “Beasts of the Southern Wild,” and Austrian director Michael Haneke with the French-language drama “Armour” about illness and old age.


The exclusion of Bigelow for her film about the hunt for Osama bin Laden has been controversial in the run-up to the 85th Academy Awards. Bigelow, 61, is the only woman to win a best director Oscar, for “The Hurt Locker” in 2009.


Affleck, 40, whose Iran hostage thriller “Argo” swept the board at last weekend’s Hollywood awards shows, was also notable by his absence, as were Hooper and Tarantino. However, all four of their movies are in the running for best film at the Oscars.


(Editing by Jill Serjeant and Belinda Goldsmith)


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Phys Ed: Helmets for Ski and Snowboard Safety

Recently, researchers from the department of sport science at the University of Innsbruck in Austria stood on the slopes at a local ski resort and trained a radar gun on a group of about 500 skiers and snowboarders, each of whom had completed a lengthy personality questionnaire about whether he or she tended to be cautious or a risk taker.

The researchers had asked their volunteers to wear their normal ski gear and schuss or ride down the slopes at their preferred speed. Although they hadn’t informed the volunteers, their primary aim was to determine whether wearing a helmet increased people’s willingness to take risks, in which case helmets could actually decrease safety on the slopes.

What they found was reassuring.

To many of us who hit the slopes with, in my case, literal regularity — I’m an ungainly novice snowboarder — the value of wearing a helmet can seem self-evident. They protect your head from severe injury. During the Big Air finals at the Winter X Games in Aspen, Colo., this past weekend, for instance, 23-year-old Icelandic snowboarder Halldor Helgason over-rotated on a triple back flip, landed head-first on the snow, and was briefly knocked unconscious. But like the other competitors he was wearing a helmet, and didn’t fracture his skull.

Indeed, studies have concluded that helmets reduce the risk of a serious head injury by as much as 60 percent. But a surprising number of safety experts and snowsport enthusiasts remain unconvinced that helmets reduce overall injury risk.

Why? A telling 2009 survey of ski patrollers from across the country found that 77 percent did not wear helmets because they worried that the headgear could reduce their peripheral vision, hearing and response times, making them slower and clumsier. In addition, many worried that if they wore helmets, less-adept skiers and snowboarders might do likewise, feel invulnerable and engage in riskier behavior on the slopes.

In the past several years, a number of researchers have attempted to resolve these concerns, for or against helmets. And in almost all instances, helmets have proved their value.

In the Innsbruck speed experiment, the researchers found that people whom the questionnaires showed to be risk takers skied and rode faster than those who were by nature cautious. No surprise.

But wearing a helmet did not increase people’s speed, as would be expected if the headgear encouraged risk taking. Cautious people were slower than risk-takers, whether they wore helmets or not; and risk-takers were fast, whether their heads were helmeted or bare.

Interestingly, the skiers and riders who were the most likely, in general, to don a helmet were the most expert, the men and women with the most talent and hours on the slopes. Experience seemed to have taught them the value of a helmet.

Off of the slopes, other new studies have brought skiers and snowboarders into the lab to test their reaction times and vision with and without helmets. Peripheral vision and response times are a serious safety concern in a sport where skiers and riders rapidly converge from multiple directions.

But when researchers asked snowboarders and skiers to wear caps, helmets, goggles or various combinations of each for a 2011 study and then had them sit before a computer screen and press a button when certain images popped up, they found that volunteers’ peripheral vision and reaction times were virtually unchanged when they wore a helmet, compared with wearing a hat. Goggles slightly reduced peripheral vision and increased response times. But helmets had no significant effect.

Even when researchers added music, testing snowboarders and skiers wearing Bluetooth-audio equipped helmets, response times did not increase significantly from when they wore wool caps.

So why do up to 40 percent of skiers and snowboarders still avoid helmets?

“The biggest reason, I think, is that many people never expect to fall,” says Dr. Adil H. Haider, a trauma surgeon and associate professor of surgery at Johns Hopkins University in Baltimore and co-author of a major new review of studies related to winter helmet use. “That attitude is especially common in people, like me, who are comfortable on blue runs but maybe not on blacks, and even more so in beginners.”

But a study published last spring detailing snowboarding injuries over the course of 18 seasons at a Vermont ski resort found that the riders at greatest risk of hurting themselves were female beginners. I sympathize.

The takeaway from the growing body of science about ski helmets is in fact unequivocal, Dr. Haider said. “Helmets are safe. They don’t seem to increase risk taking. And they protect against serious, even fatal head injuries.”

The Eastern Association for the Surgery of Trauma, of which Dr. Haider is a member, has issued a recommendation that “all recreational skiers and snowboarders should wear safety helmets,” making them the first medical group to go on record advocating universal helmet use.

Perhaps even more persuasive, Dr. Haider has given helmets to all of his family members and colleagues who ski or ride. “As a trauma surgeon, I know how difficult it is to fix a brain,” he said. “So everyone I care about wears a helmet.”

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BlackBerry Maker Unveils Its New Line


Marcus Yam for The New York Times


Thorsten Heins, the chief executive of BlackBerry, which was known as Research in Motion, introduces the company's new phones.







BlackBerry’s maker unveiled a new operating system and a new line of phones on Wednesday, along with a new corporate name, with the hope of restoring its products’ status as a symbol of executive cool.Analysts, technology reviewers and app developers with advance access to the BlackBerry Z10 and the BlackBerry 10 operating system have said it is the company’s first competitive touch-screen phone. But BlackBerry 10 arrives long after Apple’s iPhone and phones using Google’s Android operating system have come to dominate the smartphone market that the BlackBerry effectively created. According to IDC, BlackBerry now holds just 4.6 percent of that market, about one-tenth of its historic peak.




To emphasize the changes brought by the new operating system, Thorsten Heins, who took over as chief executive a year ago, said the company, known until now as Research In Motion, had adopted BlackBerry as its corporate name. Its Nasdaq trading symbol will become BBRY, and it will trade as BB in Toronto.


In addition to the BlackBerry Z10 phone, there will be a second model, the Q10, that includes one of the line’s signature physical keyboards.


Verizon Wireless announced that it would price the Z10 at $200 with a two-year contract. It will also be carried by AT&T, Sprint and T-Mobile.


“Today represents a new day in the history of BlackBerry,” Mr. Heins said. “These BlackBerry 10 devices are absolutely the best typing experiences in the industry.”


BlackBerry said the Z10 would be available in the United States in March and in Canada on Feb. 5.


There were few surprises in the initial portion of Mr. Heins’s presentation. The company began demonstrating the touch-screen phone and operating system in May and also made prototypes available to app developers at the time. In recent weeks, photographs of the final version of the phones have made their way to various American and European technology Web sites.


Physically, the Z10 resembles an iPhone 5 with its corners snipped off.


But unlike its competitors, the Z10 lacks a button to take users back to a home page and relies entirely on users swiping their fingers across the 4.2-inch screen from different directions to summon features or menus.


While the Z10 lacks a physical keyboard, the main attraction of BlackBerrys for many current users, the company said that it had developed software which should alleviate some of the inadequacies of on-screen typing. According to BlackBerry, its software studies users’ common typing mistakes over time and then starts automatically correcting them. It will also build up a list of commonly used words and offer them as suggestions that can be selected with a flick of a finger.


While developing the new operating system, the company took great pains to improve its strained relationship with app developers. The operating system was also designed in a way that allows them to adapt Android apps for BlackBerry 10 by making some relatively minor modifications.


BlackBerry said Wednesday that more than 70,000 BlackBerry 10 apps were now available.


For corporate and government users, BlackBerry 10 server software will allow them to divide employees’ BlackBerry 10 phones into separate work and personal spheres and give I.T. managers complete control over the former.


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Sheriff's response time is longer in unincorporated areas, audit finds









It took Los Angeles County sheriff's deputies a minute longer to respond to emergency calls from unincorporated parts of the county than from cities that contract with the department for police services, according to a county audit.


The finding comes days after Supervisor Gloria Molina accused Sheriff Lee Baca of "stealing" police resources from residents in unincorporated neighborhoods and threatened to hire "independent private patrol cars" to backfill cuts in sheriff's patrols. She has accused Baca of providing better service to contract cities than to unincorporated areas.


According to the audit, which examined the last fiscal year, it took deputies, on average, 4.8 minutes to respond to emergency calls in contract cities compared with 5.8 minutes in unincorporated areas.





Sheriff's officials said the extra minute was because neighborhoods in unincorporated areas are more spread out and have more difficult road conditions.


The audit also found that Baca provided 91% of promised patrol hours to unincorporated areas, compared with 99% for cities and agencies that buy his services. Sheriff's officials blamed the difference on deep budget cuts imposed by the board that caused the department to leave dozens of deputy positions unfilled.


Adjusted for those cuts, the department was much closer to its goal — averaging 98.5% fulfillment of its pledged patrol hours, according to the audit.


The findings by the county's auditor-controller are expected to add more fuel to the ongoing debate between the sheriff and the board about whether the sheriff is shortchanging county residents who live outside city borders.


Baca and his predecessors have long wrangled with supervisors over funding and patrol resources.


Although the board sets the sheriff's budget, Baca, an elected official, has wide discretion on how to spend it. The Sheriff's Department polices about three-fourths of the county. Along with the unincorporated areas, Baca's deputies patrol more than 40 cities within the county that don't have their own police forces. The patrol obligations for those cities are set in contracts with the department, so county budget cuts are more likely to affect unincorporated areas.


On Tuesday, the board is expected to discuss Molina's idea to empower unincorporated neighborhoods to negotiate police contracts with the Sheriff's Department or some other agency — the same way incorporated cities do.


According to the audit, it costs the sheriff about $552 million to provide police services for contract cities and agencies, but the department gets approximately $371 million back. The auditor-controller suggested pursuing changes in state law or board policy to allow the sheriff to recoup more.


State law prohibits sheriffs from billing contract cities for non-patrol services provided countywide. So the department has provided a broad range of services — such as homicide and narcotics detectives, bomb squads and the county crime lab — at no extra charge.


Sheriff's spokesman Steve Whitmore said those rigid agreements — with contract cities, the county's courts, community colleges and public transit lines — limited where the sheriff could slash in the face of county budget woes.


The board has cut the sheriff's budget — now at $2.8 billion — by $128 million in 2010, $96 million in 2011 and $140 million last year, according to Whitmore.


The sheriff has already reassigned about two dozen gang enforcement deputies to patrol in unincorporated areas and has identified more than 90 other deputies to do the same, Whitmore said.


Molina's spokeswoman declined to suggest other areas where sheriff's officials should slash in light of funding cuts from the board but said that services to unincorporated areas should not be one of them.


"We respectfully request they go back to the drawing board," spokeswoman Roxane Márquez said.


robert.faturechi@latimes.com





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Cricket-Australia board play straight bat to Warne twitter rant






Jan 29 (Reuters) – Cricket Australia (CA) chief executive James Sutherland has defended the organisation following a scathing attack aimed at them by spin great Shane Warne, who panned the board in a series of Twitter rants.


Sutherland added that he was prepared to meet with Warne and discuss the 43-year-old’s criticism of CA’s player rotation policy and his claim that “rubbish” decisions were turning Australian cricket into a “big joke”.






After venting his initial anger on Monday, Warne reiterated his views a day later.


“As I said last night we need cricket people running the team & who understand cricket & what’s required at the top level, not muppets,” he tweeted on Tuesday.


Warne questioned the logic of having former rugby union international Pat Howard as the board’s high performance manager but Sutherland threw his weight behind the former Wallaby back.


“I have every confidence in Pat Howard and his team, and what they’re doing,” Sutherland told local media on Tuesday.


“Personally I find it a little bit disappointing to read about that (Warne’s criticisms) in the fashion that I have.


“Ideally you’d like to be able to sit down with Shane and understand a little bit more deeply his opinions.”


Australia won all three tests in a recent series against Sri Lanka but were held 2-2 in the subsequent one-day internationals after resting skipper Michael Clarke for the first two matches.


The hosts, however, lost both Twenty20 internationals and were left debating the merits of a controversial rotation policy CA has introduced to manage injuries and the workload of their frontline players.


While Warne insisted Australia needed to field their best 11 players every time they stepped out, fast bowling great Dennis Lillee has backed CA’s approach.


“He’s 100 percent in agreement with the selection panel with managing the load and development of players,” Sutherland said of Lillee, who captured 355 wickets in 70 tests.


“Who’s right here?


“You’ve got Shane Warne saying one thing, Dennis Lillee saying another. It’s not a black and white issue.”


Warne retired from test cricket in 2007 after taking 708 wickets in 145 tests. (Reporting by Amlan Chakraborty in New Delhi; Editing by John O’Brien)


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Philadelphia opera co.: New name, new vision






PHILADELPHIA (AP) — The Opera Company of Philadelphia is getting a name change that officials say is in better harmony with its move toward more innovative programming and greater diversity in its repertoire.


The company said Tuesday it will now be known simply as Opera Philadelphia. The new name and logo will appear on all of its brochures and ads.






The announcement was made in conjunction with the unveiling of the 2013-2014 season.


The company plans to continue bringing opera to new audiences with surprise “pop-up” concerts in famous Philadelphia locations. Past performances at a downtown Macy’s and the Reading Terminal Market have received millions of views on YouTube.


Opera Philadelphia says it has five new operas in development and aims to present challenging contemporary works along with classics like “Carmen” and “La Boheme.”


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Well: Ask Well: Long-Term Use of Nicotine Gum

In small doses, like those contained in the gum, nicotine is generally considered safe. But it does have stimulant properties that can raise blood pressure, increase heart rate and constrict blood vessels. One large report from 2010 found that compared to people given a placebo, those who used nicotine replacement therapies had a higher risk of heart palpitations and chest pains.

That’s one reason that nicotine gum should, ideally, be used for no more than four to six months, said Lauren Indorf, a nurse practitioner with the Cleveland Clinic’s Tobacco Treatment Center. Yet up to 10 percent of people use it for longer periods, in some cases for a decade or more she said.

Some research has raised speculation that long-term use of nicotine might also raise the risk of cancer, though it has mostly involved laboratory and animal research, and there have not been any long-term randomized studies specifically addressing this question in people. One recent report that reviewed the evidence on nicotine replacement therapy and cancer concluded that, “the risk, if any, seems small compared with continued smoking.”

Ultimately, the biggest problem with using nicotine gum for long periods is that the longer you stay on it, the longer you remain dependent on nicotine, and thus the greater your odds of a smoking relapse, said Ms. Indorf. “What if the gum is not available one day?” she said. “Your body is still relying on nicotine.”

If you find yourself using it for longer than six months, it may be time to consider switching to sugar-free gum or even another replacement therapy, like the patch or nasal spray.

“Getting people on a different regimen helps them break the gum habit and can help taper them off nicotine,” Ms. Indorf said.

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