Antitrust & Trade Regulation Report Index-Summary

ACPERA

See ANTITRUST CRIMINAL PENALTY ENHANCEMENT REFORM ACT (ACPERA)

ACQUISITIONS

ADVERTISING

– Amway marketing materials (8th Cir.), In Brief, 96:461
– Behavioral advertising

– – Mobile devices, Yahoo! applications users may opt out directly, 97:90
– – Self-regulation, FTC urges improvements to avoid mandatory consumer protections, 96:155; FTC sends analysis to House panels for use at joint hearing, 96:620; Boucher (D-Va) says industry steps do not diminish need for regulation, 97:147

– Biodegradability, towel retailer settles false claims action (FTC), 97:229
– Blogs, FTC reviewing public comments on proposed rules re disclosures on endorsements and testimonials, 97:89
– Books, FTC rescinds Mirror Image Doctrine, 96:182
– COPPA, FTC to expedite review to address mobile marketing, 96:402
– Credit repair

See CREDIT REPAIR ORGANIZATIONS ACT (CROA)

– Credit reports, FTC website for free reporting, 96:240
– Debit cards, deceptive marketing, settlement reached (N.D. Cal.), 97:199
– Dietary supplements

– – Cures and weight loss, marketers settle false claims action (D. Mass.), 97:234
– – Herbal cancer remedies, complaint dismissed for failure to prove who made claims (FTC), 97:390
– – Hoodia, FTC charges marketers with false advertising (D.N.J.), 96:429
– – QVC settles charges of deceptive claims (E.D. Pa.), 96:297
– – Vitamins, lack of specificity in pleading dooms fraud claim re advertising (D.N.J.), 96:623

– Dog breeders, sufficient facts alleged re false breed descriptions for Lanham Act claim (S.D. Ohio), 96:374; leave to amend complaint granted, 97:234
– Endorsements and testimonials, FTC guide updates coming, 97:404
– Energy companies fined for misleading ads, In Brief, 96:28
– Fax advertisements

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– France, electric utility ordered to separate public service from competitive activities in marketing communications, 96:386
– Green marketing, House panel hears testimony on practices, 96:588
– Infomercials, promoter of cures and weight loss products held in contempt, fees remanded for clarification (7th Cir.), 97:254
– Job placement, deception alleged, restraining order and asset freeze granted (M.D. Fla.), 97:203
– Microsoft/Yahoo! agreement faces scrutiny, 97:117
– Mortgage modification scheme, FTC wins injunctive relief against false advertisers (D.N.J.), 96:294
– Negative option, FTC seeks comments on rule, 96:482; comments reopened, 97:176
– Pharmaceuticals, off-label marketing RICO claims may proceed (E.D. Pa.), 97:225
– “Scareware,” two settle with FTC over deceptive software ads (D. Md.), 96:645; corporate officer must face charges, 97:331
– Shark cartilage and herbal remedies, company must refrain from making cancer treatment claims (FTC), 97:175
– Stimulus scams, FTC warns consumers, 96:215
– Telemarketing

See TELEMARKETING

– Testimonials, fraudulent grant websites shut down by FTC (D. Nev.), 97:226
– Tobacco products

– – Cal., Proposition 64 does not impose standing requirements on absent class members, class recertified (Cal.), 96:540
– – Costs drop for cigarettes, go up for smokeless tobacco, study shows, 97:173
– – Evidence, summary judgment against smoker (S.D. Miss.), 96:646
– – Package descriptors, manufacturer cannot affirmatively prove FTC permission for use (Mass.), 96:277

– UK, market study launched by OFT, 97:217
– Unsubstantiated claims and fraud, panelists discuss recent enforcement actions, 96:352
– Vision aids manufacturer settles deceptive “Made in the U.S.A.” claims (FTC), 97:88
– Web search advertising monopoly (9th Cir.), In Brief, 97:365
– Work-at-home scheme marketers settle deceptive practices claims (S.D.N.Y.), 96:481

AFGHANISTAN

– Army Corps of Engineers, contractors face bribery charges (E.D. Va.), 96:377
– Bagram Airfield, guilty pleas entered re procurement fraud scheme (N.D. Ill.), 96:644; guilty plea in related claim entered, 97:11

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 established via subsidiary (D. Nev.), 96:295

– Pesticides, agency relationship with distributors not sham, minimum prices not price fixing (4th Cir.), 96:316
– TCPA, independent contractor status no shield against vicarious liability claim (N.D. Ill.), 97:301
– Telemarketing, creator of mortgage-purchase method responsible for activities of agency (9th Cir.), 96:271

AGRICULTURE

See also FOOD
– Ark., equipment franchise, market withdrawal 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
– Competition, joint DOJ/USDA workshops to examine issues, 97:142; field hearing stresses DOJ concerns, 97:334
– Consolidation in farming sector a concern for Justice, official tells conferees, 97:174
– Dairy farmers (E.D. Tenn.), In Brief, 97:298
– 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

– Baggage fees, suits consolidated (M.D. Fla.), 97:141
– Canada

– – Price fixing, In Brief, 97:25; fourth guilty plea entered, In Brief, 97:51
– – Productivity gains, study finds deregulation and competition are key, 97:21

– 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; Statement of Objections sent to OneWorld Alliance, 97:411
– – 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
– Japan, Delta investment in JAL likely to meet antimonopoly scrutiny, 97:308
– Mergers, possible low-cost carrier consolidation sparks speculation of more industry consolidation, 97:140
– Partnering, Oberstar (D-Minn) asks for policy review on airline antitrust exemptions, 97:116
– Price fixing

See PRICE FIXING

– Travel agencies, price fixing claims properly dismissed (6th Cir.), 97:388
– 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
– Motor vehicles

– – Opt-out consumers may not intervene in consent judgment (Alaska), 97:124
– – Pleadings, claimants should be allowed to remedy deficiencies before final judgment (Alaska), 97:125

ALCOHOLIC BEVERAGES

– Anheuser-Busch InBev merger, consumer challenge based on potential competition fails (E.D. Mo.), 97:167; consent decree with divestitures proposed by Justice Dep't approved (D.D.C.), 97:195
– 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
– Japan, merger of Kirin and Suntory to be investigated, 97:75; divestiture may be required, 97:310
– Md., state liquor pricing scheme and volume discount ban found to be illegal price fixing (4th Cir.), 97:122
– N.Y., delivery direct to consumer for instate retailers only does not violate Commerce Clause (2d Cir.), 97:64
– Shipping, bans on all shipments to consumers does not offend commerce clause (U.S., rev den), 97:384
– Vodka, retailer fails to adequately state tying claim (N.Y. App. Div.), 97:17
– Wineries, requirement to visit prior to shipping does not offend Commerce Clause (U.S., rev. den.), 96:515

ALUMINUM

See METALS

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; final rule issued, 97:196
– Spending, Senate committee gets briefing, 97:296
– 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
– Failing firm defense, OECD calls for economic principles in assessment, 97:484
– FTC enforcement likely to be tougher under new leadership, observers say, 97:92
– International antitrust enforcement, 96:329
– Monopoly enforcement in the Obama administration, 96:592
– Price squeeze claims, 96:218
– Red flags rule, lobbying groups may resort to litigation, 97:177
– South Africa, director and manager personal liability for cartels under new law, 97:304
– Technology standards, patent monopolies, 96:538

ANIMALS

– Dog breeders, sufficient facts alleged for jurisdiction and false descriptions of breed (S.D. Ohio), 96:374; leave to amend complaint granted, 97:234
– Horse racing, track owners may pursue boycott claims against horsemen (W.D. Ky.), 96:321

ANTITRUST CRIMINAL PENALTY ENHANCEMENT REFORM ACT (ACPERA)

– Extension of limitation of damages under leniency program

See LEGISLATION, FEDERAL, HR 2675

– LCD flat panel displays, court cannot compel amnesty applicant to identify itself (N.D. Cal.), 96:559

APPAREL

– COPPA, company settles charges (S.D.N.Y.), 97:475
– Discount club, restraining order obtained against firm falsely claiming consumer membership (E.D.N.Y.), 97:11
– 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; (rev grant), 97:5
– Rayon items mislabeled as bamboo, clothing marketers will stop making claims (FTC), 97:168; clothing manufacturer to cease making claims, 97:479

APPLIANCES

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

ARBITRATION

– Car dealership agreement, provision mandating arbitration on initiation by either party upheld (E.D. La.), 96:516
– Class arbitration may be imposed where clause is silent (U.S., rev grant), 96:616
– Computers

– – Mandatory arbitration provision in sales contract not unconscionable (E.D. Mich.), 96:47
– – Statutory right to class action cannot be foreclosed by clause mandating individual arbitration (Mass.), 97:65

– 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
– Fla., Lemon Law, no recovery for attorneys' fees (Fla. Dist. Ct. App.), 97:154
– N.Y., insurance arbitration agreement cannot foreclose Atty. Gen. action (N.Y.), 97:68
– Pharmacy benefits, law of the case requires MDL transferee judge to honor order to compel arbitration (3d Cir.), 97:361

ARKANSAS

– Credit repair, default judgment and permanent injunction entered for violations (E.D. Ark.), 96:597
– Farm equipment franchise, market withdrawal 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
– Tobacco Master Settlement Agreement, Allocable Share Amendment found valid (8th Cir.), 97:207

ARMED SERVICES

– Bribery

– – Army Corps of Engineers

– – – Afghanistan projects, contractors face charges (E.D. Va.), 96:377
– – – Levees, two found guilty (E.D. La.), In Brief, 96:378; sentencing, 97:262

– – Bagram Airfield, guilty pleas entered re procurement fraud scheme (N.D. Ill.), 96:644; guilty plea in related claim entered, 97:11
– – Camp Victory contracts (W.D. Okla.), In Brief, 97:365
– – Defense contractor (E.D.N.Y.), In Brief, 97:266
– – Iraqui reconstruction, retired Army major pleads guilty to charges re procurement (M.D. Ga.), 96:43

– Bulletproof vests, contractor pleads guilty to conspiracy in procurement scheme (D.D.C.), 96:532
– Civilian Defense employee pleads guilty to tax fraud (D.D.C.), 97:15
– Fabricated metal products, subcontractor pleads guilty to defrauding Navy (E.D. Va.), 96:536
– France, military removal firms fined for cartel, 96:629
– Marine fenders and buoys, manufacturer charged with bid rigging (E.D. Va.), 96:534; CEO pleads guilty, 97:8
– Military restraints, manufacturer pleads guilty in restraint of trade conspiracy (E.D.N.Y.), 96:459
– Money laundering (D.N.J.), In Brief, 97:483
– Pharmacy, staffing firm and owners plead guilty to fraud charges re VA and SBA (N.D. Ill.), 96:296
– Semiconductors, divestitures required in merger settlement (C.D. Cal.), 97:200

ARRA

See AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)

ATTORNEYS

– American Bar Ass'n, new Antitrust Chairman outlines agenda, 97:144
– Bar review services, incentive agreement created conflict of interest in market limitation class action (9th Cir.), 96:424
– Class action lead counsel

– – Packaged ice, lead counsel appointed (E.D. Mich.), 96:588
– – Tomato products claims, co-leads appointed (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

– France, problems of multi-jurisdictional transactions representation discussed at business forum, 97:459
– 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
– Minn., successful defense of baby FTC act merits recovery of costs from attorney representing elderly woman (D. Minn.), 97:44
– 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 to information (9th Cir.), 96:37
– – FTC (M.D. Fla.), In Brief, 97:206
– – Memo, inadvertent production does not waive privilege (E.D. Mich.), 96:293
– – Summaries of FBI interviews, inadvertent production does not waive privilege (N.D. Cal.), 97:293

– Red Flags Rule

See IDENTITY THEFT

ATTORNEYS' FEES

– Costs, appellate award may not be used to offset trial award (7th Cir.), 97:119
– Fair Debt Collection Practices Act

– – Contractual and statutory fees may be collected (D.N.J.), 97:302
– – Demand letter must contain crucial phrase (E.D.N.Y.), 97:428
– – Single violation not sufficient for high award (W.D. Mich.), 97:403

– Fax ads, assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137
– Fla., Lemon Law, no recovery for attorneys' fees (Fla. Dist. Ct. App.), 97:154
– Incentive agreement created conflict of interest in class action (9th Cir.), 96:424
– Minn., successful defense of baby FTC act does not merit fee recovery from attorney representing elderly woman (D. Minn.), 97:44
– Oriented strand board price fixing class action, additional fees from direct purchasers in opt-out settlement group not warranted (E.D. Pa.), 96:239
– Time-barred claims (E.D. Mich.), In Brief, 96:620
– Video deposition and pro hac vice expenses recoverable (8th Cir.), 97:265

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