Antitrust & Trade Regulation Report Index-Summary

ACQUISITIONS

ADVERTISING

– Behavioral advertising, FTC calls for better self-regulation to avoid mandatory consumer protections, 96:155
– Books, FTC rescinds Mirror Image Doctrine, 96:182
– Cigarettes

– – Cal., Proposition 64 does not impose standing requirements on absent class members, class recertified (Cal.), 96:540
– – Package descriptors, manufacturer cannot affirmatively prove FTC permission for use (Mass.), 96:277

– COPPA, FTC to expedite review for potential modification to address mobile marketing, 96:402
– Credit repair, FTC cites firms for misrepresentation (D.N.J.), 96:268
– Credit reports, FTC promotes official Web site for free reporting, 96:240
– Deceptive practices, panelists discuss recent enforcement actions, 96:352
– Dog breeders, sufficient facts alleged re false breed descriptions for Lanham Act claim (S.D. Ohio), 96:374
– Energy companies fined for misleading ads, In Brief, 96:28
– Fax advertisements

– – Assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137
– – Class of recipients of unsolicited materials certified (N.D. Ill.), 96:134

– France, electric utility ordered to separate public service from competitive activities in communications, 96:386
– Mortgage modification scheme, FTC wins injunctive relief against false advertisers (D.N.J.), 96:294
– Negative option, FTC seeks comments on rule, 96:482
– Stimulus scams, FTC warns consumers, 96:215
– Telemarketing

See TELEMARKETING

– Weight loss products

– – Hoodia, FTC charges marketers with false advertising (D.N.J.), 96:429
– – QVC settles charges of deceptive claims (E.D. Pa.), 96:297

– Work-at-home scheme marketers settle deceptive practices claims (S.D.N.Y.), 96:481

AFGHANISTAN

– Bribery, contractors face charges re projects with Army Corps of Engineers (E.D. Va.), 96:377

AGENCY

– DRAM, agency relationships with foreign entities do not give direct purchaser status (N.D. Cal.), 96:403
– Jurisdiction

– – Diamond merchant makes “sufficient start” in showing agency for limited discovery (S.D.N.Y.), 96:85
– – Natural gas, jurisdiction over parent company is established via subsidiary (D. Nev.), 96:295

– Pesticides, agency relationship with distributors is not sham, minimum prices not price fixing (4th Cir.), 96:316
– Telemarketing, judgment against creator of mortgage-purchase method upheld (9th Cir.), 96:271

AGRICULTURE

See also FOOD
– Ark., equipment franchise, market withdrawal is not good cause for termination under state statute (Ark.), 96:96; amendment of claim does not unfairly prejudice franchisor, 96:411
– Beef, packers terminate merger, DOJ ends pending litigation, 96:189
– Fertilizer distributor, evidence of conspiracy does not exclude possibility of unilateral action (E.D. Pa.), 96:63
– Genetically modified seeds, monopoly claims may be amended, new claims may not be added (E.D. Mo.), 96:449
– Table grapes, patent monopoly fraud by state commission, claim may proceed (E.D. Cal.), 96:206

AIR TRANSPORTATION

– Chile, changes recommended on route frequency distribution to improve competition, 96:118
– European Union

– – Airline cooperation, EC opens probes into current and future agreements, 96:412
– – Austrian Airlines acquisition, EC opens investigative state aid procedure, 96:143

– Flight services support, financial hardship no justification for change in divestiture requirement (D.D.C.), 96:352
– Italy, government will not block Alitalia deals, 96:53; final approval granted, 96:251
– Price fixing

– – Asiana pleads guilty, will pay fine in cargo and fare conspiracy (D.D.C.), 96:464
– – Australia, four airlines fined for fixing fares, 96:167
– – Cargo cartel, carriers plead guilty to price fixing (D.D.C.), 96:70; Martinair executive pleads guilty, 96:438
– – International cargo and passenger service, three airlines plead guilty (D.D.C.), 96:384

– UK, airport noise management, OFT will not refer deal to CC, In Brief, 96:102

ALABAMA

– Motor vehicle franchise, retrospective release of claims against manufacturer not prohibited by statute (11th Cir.), 96:68

ALASKA

– Funeral homes, FTC announces results of undercover inspections, 96:296
– Gasoline, pricing probe finds no wrongdoing, 96:162

ALCOHOLIC BEVERAGES

– Canada, insufficient evidence to challenge Labatt/Lakeport merger, 96:74
– Ill., beer manufacturer and importer must defend contract breach claims by distributor (N.D. Ill.), 96:433
– Wineries, requirement to visit prior to shipping does not offend Commerce Clause (U.S., rev. den.), 96:515

AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

– Fraud, Justice Dept. announces initiative to protect government agencies, 96:480
– Health care data, FTC proposes new breach notification rule, solicits comments, 96:370
– Stimulus scams, FTC warns consumers, 96:215

ANALYSIS AND PERSPECTIVE

– Canada, second requests for information on mergers established by amendments to Competition Act, 96:274
– International antitrust enforcement, 96:329
– Price squeeze claims, 96:218
– Technology standards, patent monopolies, 96:538

ANIMALS

– Dog breeders, sufficient facts alleged for jurisdiction and false descriptions of breed (S.D. Ohio), 96:374
– Horse racing, track owners may pursue boycott claims against horsemen (W.D. Ky.), 96:321

APPAREL

– Jeans, diversion of merchandise to discount retailer may be valid claim (Cal. Ct. App.), 96:221
– NFL and teams constitute single entity for trademarked apparel license (U.S., rev sought), 96:184

APPLIANCES

– EU, refrigeration compressor manufacturers, surprise inspections re cartels, 96:166
– Italy, compressors, investigation opened, In Brief, 96:196

ARBITRATION

– Computer sales, arbitration provision not unconscionable (E.D. Mich.), 96:47
– Copier ink, prior agreement for arbitration to decide quality of non-brand-name product upheld (S.D.N.Y.), 96:350
– Credit cards, class waiver in merchant agreements unenforceable where individual recovery is too small (2d Cir.), 96:129
– Credit Repair Organizations Act does not proscribe arbitration (11th Cir.), 96:453
– Motor vehicle franchise agreement, provision mandating arbitration on initiation by either party found valid (E.D. La.), 96:516

ARKANSAS

– Farm equipment franchise, market withdrawal is not good cause for termination under state statute (Ark.), 96:96; amendment of claim does not unfairly prejudice franchisor, 96:411
– Funeral homes, FTC announces results of undercover inspections, 96:296

ARMED SERVICES

– Bribery

– – Army Corps of Engineers, contractors face charges re Afghan projects (E.D. Va.), 96:377
– – Retired Army major pleads guilty to charges re procurement for Iraqui reconstruction (M.D. Ga.), 96:43

– Bullet-proof vests, contractor pleads guilty to conspiracy in procurement scheme (D.D.C.), 96:532
– Fabricated metal products, subcontractor pleads guilty to defrauding Navy (E.D. Va.), 96:536
– Marine fenders and buoys, marine products manufacturer charged in bid rigging conspiracy (E.D. Va.), 96:534
– Military restraints, manufacturer pleads guilty in restraint of trade conspiracy (E.D.N.Y.), 96:459
– Pharmacy, staffing firm and owners plead guilty to fraud charges re VA and SBA (N.D. Ill.), 96:296

ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

ATTORNEYS

– Bar review services, incentive agreement created conflict of interest in market limitation class action (9th Cir.), 96:424
– Class actions, co-lead counsel appointed by court (E.D. Cal.), 96:324
– Conflicts of interest, merged firm may not avoid conflict with ethical wall (N.D. Cal.), 96:7
– Fees

See ATTORNEYS' FEES

– Haw., definition of law practice, FTC and DOJ criticize draft rule, 96:432
– Korea, foreign attorneys and firms allowed to practice as legal consultants, 96:383
– Monopoly power (S.D.N.Y.), In Brief, 96:460
– Mortgages, FTC settles with lawyer who assisted foreclosure rescue scam (N.D. Ill.), 96:457
– Privileged communications

– – Actual reliance on advice of counsel defense required to gain access (9th Cir.), 96:37
– – Inadvertent production does not waive privilege (E.D. Mich.), 96:293

ATTORNEYS' FEES

– Fax ads, assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137
– Incentive agreement created conflict of interest in class action (9th Cir.), 96:424
– Oriented strand board price fixing class action, additional fees from direct purchasers in opt-out settlement group not warranted (E.D. Pa.), 96:239

AUSTRALIA

– Airlines fined for fare fixing, 96:167
– Cartels, lowered liability threshold may chill lawful conduct, ABA says, 96:338

AUSTRIA

– Airlines, EU opens investigative state aid procedure, 96:143

AUTOMOBILES

See MOTOR VEHICLES

AVIATION

See AIR TRANSPORTATION