Antitrust & Trade Regulation Report Index-Summary

CAFA

CALENDAR OF EVENTS

– Ed. Note: A list of upcoming conferences and meetings is included at the end of each issue.

CALIFORNIA

– Attorneys, conflicts of interest, merged firm may not avoid conflict by ethical wall (N.D. Cal.), 96:7
– Auto insurance, repair volume discounts (9th Cir.), In Brief, 96:299
– Cell phone patent licensing

– – CDMA technology, cell phone purchaser lacks standing, 97:240
– – UMTS standard, indirect purchasers lack standing to challenge (S.D. Cal.), 96:241

– Cigarettes, Proposition 64 does not impose standing requirements on absent class members, class recertified (Cal.), 96:540
– Condemnation of gas station, state requirement to pay goodwill not preempted by PMPA (Cal. Ct. App.), 97:490
– Forum selection clause designating state with no class action remedy found unenforceable (9th Cir.), 96:93
– Funeral homes, FTC announces results of undercover inspections, 96:296
– Granola bars, false advertising claims re ingredients dismissed (S.D. Cal.), 97:432
– Health care

– – Hospitals, surgery center tying claims may proceed (Cal. Ct. App.), 96:20
– – Insurance, state-sponsored network exempt from antitrust scrutiny (Cal. Ct. App.), 97:300

– Home businesses, sellers must comply with Seller Assisted Marketing Plan Act, language not unconstitutionally vague (Cal. Ct. App.), 96:92
– Jeans, diversion of merchandise to discount retailer may be valid claim (Cal. Ct. App.), 96:221
– Modems, claims against patent holder allege illegal refusal to grant license (D. Del.), 97:59
– Privacy law not preempted by CAN-SPAM (Cal.), 97:367
– Spam, use of multiple domains to defeat filters, question certified to Cal. Supreme Court (9th Cir.), 96:21
– Table grapes, patent monopoly fraud by state commission, claim may proceed (E.D. Cal.), 96:206
– Telemarketing, claims against alleged sham charities part of nationwide crackdown (C.D. Cal.), 96:511
– Testosterone replacement, firms cited for illegal collusion in abandoned patent challenges (C.D. Cal.), 96:110
– Wildfire charity scams, In Brief, 97:299
– ZIP code is not personal identification information under state privacy law (Cal. Ct. App.), 97:489

CANADA

– Abuse of Dominance Guidelines, comments sought on draft update, 96:71; Am. Bar Ass'n offers comments, 96:413
– Alcoholic beverages, insufficient evidence to challenge Labatt/Lakeport merger, 96:74
– Broadband price-cutting, In Brief, 97:131
– Cartels

– – Gasoline, guilty plea, In Brief, 96:361; additional guilty plea, In Brief, 97:493
– – Information Bulletin on Sentencing and Leniency, comments sought on draft revision, 96:334
– – Sentencing and leniency, ABA sections issue comments on draft information bulletin, 96:574

– Chocolate, no jurisdiction over most Canadian affiliates of U.S. manufacturers (M.D. Pa.), 97:212
– Collaboration by competitors, draft guidelines outline triggers for antitrust enforcement, 96:489; Am. Bar Ass'n offers comments, 97:214
– Competition Act, amendments proposed, 96:165; passage of modernizing amendments increases enforcement ability, official tells conferees, 96:571; debate over conspiracy provisions, 97:462
– Competition Comm'n, interim Commissioner, Aitken named, 96:25; Aitken confirmed for 5-year term, 97:156
– Competition Tribunal, new members, In Brief, 97:187
– Debit cards, competition among issuers disfavored in Senate committee recommendation, 97:47
– Financial crisis, EU official tells conferees that protectionism and easing of competition rules will harm recovery, 96:336
– Gasoline

– – Price fixing, In Brief, 96:283; additional guilty pleas, In Brief, 96:546; discharge received, In Brief, 97:270
– – Service stations, divestitures required in merger, 97:102; divestiture completed, 97:269

– Information technology services, companies and individuals fined for bid rigging, 96:167; firm owner pleads guilty, 96:630
– Internet access

– – Management of traffic, regulator releases guidance for ISPs, 97:458
– – Throttling of traffic, ISPs ask regulator to reverse allowance of wholesale restrictions, 96:544

– Investment review rules, updated draft regulations published for comment, 97:74
– Mergers and acquisitions

– – Chemicals

– – – BASF/Ciba deal cleared, In Brief, 96:387
– – – Dow/Rohm and Haas deal cleared, In Brief, 96:102

– – Efficiencies, Competition Bureau finalizes new bulletin on analysis, 96:280
– – Gasoline service stations, divestitures required in merger, 97:102; divestiture completed, 97:269
– – Pfizer acquisition of Wyeth, In Brief, 97:437
– – Review process guidelines, draft released, 96:301; update released, comment sought, In Brief, 96:387; ABA sections offer comments, 96:606; new guidelines published, 97:341
– – Second requests for information established by amendments to Competition Act, Special Report, 96:274; businesses express disappointment at lack of consultation on issue, 97:48

– Motor vehicles

– – Imports to U.S., indirect purchasers cannot establish causation for antitrust injury (D. Me.), 97:97
– – Manufacturer prohibition of U.S. sales to Canadians does not violate Sherman Act (W.D. Wash.), 96:436

– Postal services, bill to end international monopoly introduced, 97:24
– Price fixing

– – Airlines, In Brief, 97:25; fourth guilty plea entered, In Brief, 97:51
– – Roofing contractors, In Brief, 96:652
– – School bus services, Competition Bureau secures prohibition orders for price fixing and bid rigging, 96:196

– Telecommunications

– – ADSL, central office-based services not required, feasibility of unbundled offerings to be examined, 96:100
– – Broadband wholesale services, In Brief, 96:493
– – Common carrier ownership and control, new policy framework for reviews issued, 97:155
– – Convergence of telecommunications and broadcasting, In Brief, 97:374
– – Dark fiber forbearance extended, In Brief, 96:54
– – Incumbent carriers, regulator criticizes “no facilities” claims, 97:244
– – Pay phones, reporting and tracking requirements eased, 96:386
– – Policies, regulator eases requirements to publish information, 96:306
– – Price floor, CRTC explains policy, 96:194
– – Regulatory framework review, In Brief, 97:312
– – Retail telephone service tariffs, request to restore oversight rejected, 97:50
– – Revenues for wireline services, report, 97:158
– – Small incumbent companies, framework for regulatory forbearance issued, 97:23; comments sought, 97:186

– Test cases important to clarify Competition Act, commissioner tells conferees, 97:460
– Transportation industry, study finds deregulation and competition are key to productivity gains, 97:21
– Waste management

– – Dominance, settlement reached, 96:628
– – Landfill divestiture, In Brief, 97:131

– Webcasting, regulatory exemption maintained for new media broadcasting services, 96:603; regulator asks for ruling on ISPs as broadcasters, 97:129

CAR DEALERSHIPS

See MOTOR VEHICLES

CARTELS

See also PRICE FIXING
– Australia, lowered liability threshold may chill lawful conduct, ABA says, 96:338
– Canada

See CANADA

– Chile

See CHILE

– Criminal sanctions, Intl. Competition Network meeting conducts panel discussions, 96:601
– European Union

See EUROPEAN UNION (EU)

– France

See FRANCE

– Italy, pasta makers fined for cartel-like behavior, 96:226
– Japan, picture tubes, JFTC expected to exercise extraterritorial enforcement authority, 97:73
– Multinational investigations, panelists discuss coordination and cooperation, 96:358
– South Africa

See SOUTH AFRICA

– UK

See UNITED KINGDOM (UK)

CDA

See COMMUNICATIONS DECENCY ACT (CDA)

CELLULAR TELEPHONES

See WIRELESS COMMUNICATIONS

CFTC

See COMMODITY FUTURES TRADING COMMISSION (CFTC)

CHARITABLE ORGANIZATIONS

– California wildfires, In Brief, 97:299
– Telemarketing, FTC and state agencies begin crackdown on bogus fundraising, 96:511

CHEMICALS

– BASF acquisition of Ciba, divestitures required (FTC), 96:325; Canadian concerns resolved, In Brief, 96:387
– Dow acquisition of Rohm & Haas, divestitures required (FTC), 96:84; order to compel merger sought (Del. Ch. Ct.), In Brief, 96:95; Canada clears deal, In Brief, 96:102; comments requested, In Brief, 97:206
– Hydrogen peroxide price fixing, court not barred from resolving disputes between experts in Rule 23 hearing, class decertified and remanded (3d Cir.), 96:5
– Methyl methacrylate price fixing, class action settled (E.D. Pa.), 97:360
– Rust preventatives, Lubrizol to divest assets and eliminate noncompete provision from Lockhart acquisition (FTC), 96:188
– South Africa, fertilizer and phosphoric acid cartel, fines imposed, 96:573
– Sulfuric acid, settlement for indirect purchasers affected by price fixing approved (Cal. Super. Ct.), 96:115

CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)

– Apparel company settles charges (S.D.N.Y.), 97:475
– Mobile marketplace, FTC to expedite review for potential modification, 96:402

CHILE

– Air transportation, changes recommended on route frequency distribution to improve competition, 96:118
– Cartels

– – New competition laws expected, 96:193; competition institutions strengthened by legislation, 96:412
– – Pharmacy chain admits to cartel, receives lower fine for cooperation, 96:336

– Fiber cement producer ordered to pay damages for predatory pricing, 96:518
– Radio, bill designed to prevent concentration and speculation passes, 96:120
– Service of process, letter rogatory properly approved (D. Colo.), 97:409

CHINA

– Mergers and acquisitions

– – Beverages, ministry rejects Coca-Cola bid to acquire juice maker, 96:303
– – Plastics, Mitsubishi Rayon takeover of Lucite Intl. approved with conditions, 96:436

– Monopolization

– – Antimonopoly Law, ABA sections comment on draft implementation regulations, 96:603
– – Relevant markets guidelines, ABA suggestions, In Brief, 96:121

CHOICE OF LAW

– Class action waiver, home state must have materially greater interest to overrule contract arbitration clause (E.D. Mich.), 96:47
– Forum selection clause designating state with no class action remedy found unenforceable (9th Cir.), 96:93

CIGARETTES

See TOBACCO INDUSTRY

CLASS ACTION FAIRNESS ACT (CAFA)

– Jurisdiction

– – Kan., text messaging, jurisdiction under CAFA not found, suit remanded (N.D. Ill.), 97:204
– – Mobile content billing claims meet jurisdictional requirements (W.D. Wis.), 96:268
– – Removal standard is preponderance of evidence (8th Cir.), 96:220

– Settlement notice requirements, panelists discuss impact on collateral estoppel, 96:501

CLASS ACTIONS

– Antidepressants, various indirect purchaser claims dismissed for lack of standing under state laws (E.D. Pa.), 97:179
– Arbitration

– – Computers, statutory right to class action cannot be foreclosed by clause mandating individual arbitration (Mass.), 97:65
– – Shipping services, class arbitration may be imposed where clause is silent (U.S., rev grant), 96:616

– Attorneys' fees, incentive agreement created conflict of interest (9th Cir.), 96:424
– Baby products, purchaser class certified in conspiracy suit (E.D. Pa.), 97:170
– CAFA

See CLASS ACTION FAIRNESS ACT (CAFA)

– 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
– – Price fixing, expert testimony on parallelism sufficient to reverse summary judgment (N.M. Ct. App.), 96:380

– Coin graders and dealers, eBay forum selection clause found enforceable, claims transferred (E.D.N.Y.), 96:615
– Credit reports

– – FCRA, false attestations by reporting agency, class certified (D.N.J.), 97:421
– – Power-of-attorney applicants, Bank of America settlement approved (E.D. Pa.), 96:111

– Debt collection, class certified (D. Neb.), In Brief, 97:237
– Discovery, depositions and reports make testimony on certification question moot (N.D. Cal.), 97:295
– eBay (N.D. Cal.), In Brief, 97:483
– Fair and Accurate Credit Transactions Act (FACTA)

– – Business customer does not meet typicality requirement, class not certified (N.D. Ill.), 97:291
– – Restaurant suit, class certified, third-party complaint against processing machine provider dismissed (N.D. Ill.), 97:227

– Fax advertisements

– – Certification of class reversed on inability to identify members (1st Cir.), 97:336
– – Recipients of unsolicited materials certified (N.D. Ill.), 96:134

– Forum selection clause designating state with no class action remedy found unenforceable (9th Cir.), 96:93
– Fuel temperature, standing question intertwined with substantive claim, dismissal improper (D. Kan.), 96:138
– Genetically modified seeds, monopoly claims may be amended, new claims may not be added (E.D. Mo.), 96:449
– Hospital group cannot prove injury by catheter maker (E.D. Mo.), 97:381
– Insurance

– – Brokerage, settlement in antitrust claim approved (D.N.J.), 96:186
– – Multistate settlement, approval of agreement and fee award affirmed (3d Cir.), 97:280
– – Title insurance, filed rate doctrine, class cannot overcome in claims for damages (D. Del.), 97:85; doctrine does not preclude injunctive relief (E.D. Pa.), 97:113

– Marine salvage, certification attempts in antitrust claim fail (E.D. La.), 96:163
– Metals

– – Scrap metal processors, class members had adequate notice of partial settlement (U.S., rev den), 96:319
– – Steel, allegations of parallel conduct based on circumstantial evidence survive motions to dismiss (N.D. Ill.), 96:639

– Motor vehicles, consumers who opted out may not intervene in consent judgment (Alaska), 97:124
– Oil, Texas attorney general may intervene for distribution of unclaimed funds in fair market value action (5th Cir.), 96:566
– Packaged ice, lead counsel in class action appointed (E.D. Mich.), 96:588
– Price fixing

– – DRAM, stock price manipulation by price fixing claim may proceed (D. Idaho), 96:236
– – Fiberglass insulation, class certified in claim against contractor (N.D. Ga.), 96:153; class notice approved, 97:474
– – Hydrogen peroxide, court not barred from resolving disputes between experts in Rule 23 hearing, class decertified and remanded (3d Cir.), 96:5
– – Oriented strand board price fixing claims, additional attorneys' fees from direct purchasers in opt-out settlement group not warranted (E.D. Pa.), 96:239
– – Personal care products, price fixing scheme had no effect on U.S. market, subject matter jurisdiction lacking (N.D. Ill), 96:23
– – Railroad fuel surcharges, state price fixing claims preempted, federal claims survive (D.D.C.), 96:61; proposals for bifurcated and phased discovery rejected, 97:38
– – Ready-mixed concrete, class certified (S.D. Ind.), 97:284
– – Tomato products, co-lead counsel for class appointed by court (E.D. Cal.), 96:324

– Publication paper, settlement award trebled (D. Conn.), 97:143
– Rubber, potential variations in damages not enough to block class certification where identical facts predominate (D. Conn.), 96:208
– SRAM, definition of class (N.D. Cal.), In Brief, 96:19
– Standing (3d Cir.), In Brief, 96:190
– TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Televisions, class settlement reached for bulb failures on high-end sets (E.D.N.Y.), 96:243
– Truth in Lending Act

– – Damages (U.S., rev den), In Brief, 96:298
– – Rescinded loan transactions too individualized for class action (U.S., rev den), 97:7

– Waivers

– – Computers, arbitration provision including class waiver not unconscionable (E.D. Mich.), 96:47
– – Credit cards, class waiver in merchant agreement unenforceable where recovery is too small to be pursued individually (2d Cir.), 96:129

CLEANING PRODUCTS

– Price fixing, German scheme had no effect on U.S. market, subject matter jurisdiction lacking (N.D. Ill), 96:23

COLORADO

– Fax ads, assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137

COMMERCE CLAUSE

– Alcoholic beverages

– – N.Y., delivery direct to consumer for instate retailers only does not violate Commerce Clause (2d Cir.), 97:64
– – Wineries, requirement to visit prior to shipping does not offend Commerce Clause (U.S., rev. den.), 96:515

– Md. funeral home ownership restrictions do not infringe Commerce, Due Process, or Equal Protection Clauses (4th Cir.), 96:355

COMMODITY FUTURES TRADING COMMISSION (CFTC)

– Oil and gas, CFTC urges FTC to rethink new rules on wholesale fuel markets, 96:535; FTC rule to prevent manipulation adopted, 97:141

COMMUNICATIONS DECENCY ACT (CDA)

– Privacy, information broker cannot claim CDA immunity after soliciting and publishing illegal telephone records (10th Cir.), 97:8

COMPUTERS

– Arbitration

– – Sales agreement provision including class waiver not unconscionable (E.D. Mich.), 96:47
– – Statutory right to class action cannot be foreclosed by clause mandating individual arbitration (Mass.), 97:65

– Cathode ray tubes, executive indicted in price fixing scheme (N.D. Cal.), 96:141
– Color display tubes, executive indicted in price fixing scheme (N.D. Cal.), 97:216
– European Union

– – Intel fined for conditional rebates, abuse of dominant position, 96:487; Intel files notice of appeal, 97:98
– – LCD panels, statement of objections sent to suppliers in alleged cartel, 97:73
– – Oracle proposed acquisition of Sun, EC to investigate, 97:269
– – Rambus, comments solicited on commitments offered to offset dominance claims, 96:628

– Hard disks, Toshiba cleared to acquire Fujitsu business by Asian authorities, 97:309
– LCD panels

– – EU, statement of objections sent to suppliers in alleged cartel, 97:73
– – Price fixing, executives plead guilty in global scheme (N.D. Cal.), 96:73; more executives indicted, 96:119; Hitachi resolves criminal charges re sales to Dell, 96:250; Hitachi executive indicted, 96:339; LG Display executive pleads guilty, 96:440; amnesty, court cannot compel applicant to identify itself, 96:559; Epson pleads guilty, 97:245

– Mainframe monopoly investigation, DOJ issues investigative demands, 97:395
– Memory

– – Foreign purchases of DRAM by affiliates and subsidiaries excluded from price fixing claims (N.D. Cal.), 96:403
– – Patents, FTC claims re anticompetitive effects of alleged deception of standards-setting organization fail (U.S., rev den), 96:184; claims by competitors fail (N.D. Cal.), 96:266
– – SRAM price fixing, definition of class (N.D. Cal.), In Brief, 96:19
– – Stock price manipulation asserted as reason for price fixing (D. Idaho), 96:236

– Merger of claims (N.D. Cal.), In Brief, 97:364
– Printer ink sticks, challenger fails to prove exercise of monopoly power (S.D.N.Y.), 97:398
– Privacy, equipment seller settles data breach and deceptive statements claims (FTC), 96:133
– Screen magnifiers, manufacturer settles deceptive “Made in the U.S.A.” claims (FTC), 97:88
– Software

See SOFTWARE

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming conferences and meetings appears at the end of each issue.
– Am. Bar Ass'n

– – Annual Antitrust Section Spring Meeting, 96:315; 96:320; 96:329; 96:332; 96:335; 96:347; 96:349; 96:352; 96:358
– – Annual Meeting, 97:140; 97:153
– – Antitrust Symposium on Competition as Pub. Policy, 96:502

– Am. Health Lawyers Ass'n Hospital Law Inst., 96:135
– Am. Intellectual Property Law Ass'n, 96:538
– Block Exemption Regulation Conf., 96:572
– BNA, Antitrust Developments in Complex Litigation, 96:501
– British Bankers Ass'n, Intl. Banking Conf., 97:21
– Canadian Bar Ass'n, Spring 2009 Competition Law Forum, 96:571; 97:460
– Center for Am. Progress, Antitrust and the New Econ., 96:475
– Chatham House Conf., Competition Policy after the Credit Crunch, 97:22
– Columbia Law School, Antitrust Federalism, 97:382; 97:408
– Conf. of the Org. for Competitive Markets, 97:174
– Deutsche Bank, 96:281
– Econ. Club of Toronto, 96:336
– Fed. Trade Comm'n

– – Consumer Debt Collection Roundtable, 97:298
– – Journalism Workshop, 97:206
– – Privacy Roundtables, 97:292
– – Resale Price Maintenance Workshop, 96:430

– Fordham Competition Law Inst. Annual Conf., 97:342
– French government, New World, New Capitalism, Ethics, Development, Regulation, 96:24
– Georgetown Law Global Antitrust Enforcement Symposium, 97:324
– Global Forum for Competition, 96:224
– Intl. Bar Ass'n Conf., 96:248; 97:308
– Intl. Competition Network, 96:601
– OECD Competition Comm., 96:165
– Org. for Econ. Cooperation and Development, 96:650; 97:72
– Securing Personal Data in the Global Economy, 96:249
– Sky Talks, 96:544
– State of the Net West, 97:145

CONFIDENTIALITY

See PRIVACY

CONNECTICUT

– Insurance, settlement reached in bid rigging, price fixing, and illegal steering claims (Conn. Super. Ct.), 96:462

CONSPIRACY

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

– – Bulletproof vests, defense contractor pleads guilty in procurement scheme (D.D.C.), 96:532
– – Fabricated metal products, subcontractor pleads guilty to defrauding Navy (E.D. Va.), 96:536
– – Military restraints, manufacturer pleads guilty in restraint of trade conspiracy (E.D.N.Y.), 96:459

– Baby products, purchaser class certified in conspiracy suit (E.D. Pa.), 97:170
– Boycotts

See BOYCOTTS

– Bribery

– – Army Corps of Engineers, contractors face 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
– – Levees, two guilty (E.D. La.), In Brief, 96:378; sentencing, 97:262
– – Pipe valves and fittings, company and owner plead guilty in Superfund kickback scheme (D.N.J.), 96:209

– E-rate fraud, school superintendent indicted in conspiracy (W.D. Mich.), 96:564
– Fertilizer distribution company, evidence does not exclude possibility of unilateral action (E.D. Pa.), 96:63
– Garbage trucks, federal antitrust conspiracy claims against manufacturer dismissed, Fla. state claims may proceed (E.D. Pa.), 96:598
– Landscaping subcontractor pleads guilty in EPA fraud (D.N.J.), 97:14
– Packaged ice, company and executives plead guilty in customer allocation scheme (S.D. Ohio), 97:429
– Pharmacy, staffing firm and owners plead guilty to fraud charges re VA and SBA (N.D. Ill.), 96:296
– Price fixing

See PRICE FIXING

– Real estate listing service, conspiracy and combination adequately pleaded (E.D. Mich.), 96:131
– Wireless communications standards setting (U.S., rev den), In Brief, 96:430

CONSTITUTIONAL LAW

– Commerce Clause

See COMMERCE CLAUSE

– Supremacy Clause, statutory markup of gasoline is preempted (E.D. Wis.), 96:160; state will not appeal invalidation, 96:246; gasoline retailers may intervene to appeal, 97:238
– Tobacco, Master Settlement Agreement waives constitutional claims (W.D. Ky.), 96:44
– Vagueness

See DUE PROCESS

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONSUMER CREDIT

– Credit cards

See CREDIT CARDS

– Credit Repair Organizations Act

See CREDIT REPAIR ORGANIZATIONS ACT (CROA)

– Credit reports

See CREDIT REPORTS

– Fair Credit Reporting Act

See FAIR CREDIT REPORTING ACT (FCRA)

– Fair Debt Collection Practices Act

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Truth in lending

See TRUTH IN LENDING ACT (TILA)

CONSUMER PROTECTION

– Behavioral advertising, FTC calls for better self-regulation to avoid rulemaking, 96:155; FTC analysis to House panels, 96:620; Boucher (D-Va) says industry steps do not diminish need for regulation, 97:147
– Blogs, FTC reviewing public comments on proposed rules re disclosures on endorsements and testimonials, 97:89
– Cal., home-based business marketing, continued business activities conditioned on compliance (Cal. Ct. App.), 96:92
– Cemeteries, FTC offers expertise in aftermath of Burr Oak scandal, 97:120
– Chrysler, FTC reviewing petition for post-bankruptcy warning labels on used vehicles, 97:87
– Computer equipment seller settles data breach and deceptive statements claims (FTC), 96:133
– Consumer Sentinel Data Book released by FTC, 96:186
– Credit reports, FTC promotes official website for free reporting, 96:240
– Financial fraud, Leibowitz asks for wider rulemaking authority, 96:293
– Get rich quick scams, FTC, DOJ, and state officials announce results of joint sweep, 97:11
– Mortgages

– – Broker cited for data protection failures (D. Nev.), 96:63
– – Fraud, coordinated crackdown on mortgage and foreclosure scams, 96:351
– – Nonbank brokers and servicers, FTC rulemaking to include stakeholder questions, 96:324

– Motor vehicles

– – N.J., registration fee overcharges, pre-suit demand for refund not prerequisite for claim (N.J.), 96:221
– – Wis., lemon law, lessee who files suit and purchases not entitled to damages (Wis.), 97:94

– Recession, consumer information website launched, In Brief, 96:328
– Stimulus scams, FTC warns consumers, 96:215
– Telemarketing

See TELEMARKETING

– Truth in Lending Act

See TRUTH IN LENDING ACT (TILA)

CONTRACTS

– CARB gas restraint of trade claims, cumulative effect of individual agreements may be alleged (9th Cir.), 96:369
– Credit cards, use supports validity (U.S., rev den), 97:7
– Credit repair, FTC cites firms for failure to provide written contracts (D.N.J.), 96:268
– Door-to-door sales, FTC seeks comments on revision of Cooling-Off Rule, 96:406
– Forum selection clauses

See FORUM SELECTION

– Gasoline, constructive nonrenewal of franchisee lease, circuit split (U.S., rev grant), 96:625
– Ill., beer manufacturer and importer must defend contract breach claims by distributor (N.D. Ill.), 96:433
– Integration clauses in written contracts bar oral promises of exclusive territory for gas station (6th Cir.), 96:485
– Motorcycle dealership, counterclaim by franchisee based on contract breach may proceed (N.D.N.Y.), 96:647
– Pharmaceuticals, BMS to pay civil fine for secret oral agreement to delay introduction of Plavix authorized generic (D.D.C.), 96:318; executive pleads guilty to misleading government, 96:353
– Tortious interference, claims against Apple by MP3 player maker may proceed (W.D. Ark.), 97:406
– UK, overdraft charges, consumer statute against unfair terms applies, 96:227

COPPA

See CHILDREN'S ONLINE PRIVACY PROTECTION ACT (COPPA)

COPYRIGHTS

– Ringtones, internet previews are not fair use (S.D.N.Y.), 96:205; interim license fees, In Brief, 96:408

CORPORATE GOVERNANCE

– Interlocking boards, In Brief, 97:148
– Japan Fair Trade Commission, report finds increased support for leniency program, 96:304
– South Africa, personal liability for cartels under new law, Special Report, 97:304
– UK, director disqualification orders in competition cases, OFT considers expansion, 97:215

CREDIT CARDS

– Contracts, use of card supports validity (U.S., rev den), 97:7
– Debit cards

– – Canada, competition among issuers disfavored by Senate committee, 97:47
– – Fees and deceptive marketing, settlement reached (N.D. Cal.), 97:199
– – Hacker indicted for data theft (D.N.J.), 97:202

– Debt collectors, identity theft victim raises genuine issues re possible FCRA violation (S.D. Ohio), 96:89
– Disclosures and unfair practices, regulatory action may be followed by legislation, 96:17
– FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– FTC rulemaking authority

See LEGISLATION, FEDERAL, HR 2309

– Hacker indicted for data theft (D.N.J.), 97:202
– Identity theft

See IDENTITY THEFT

– Italy, fees, investigation launched into bank activities, 97:187
– Merchant agreements, class waiver unenforceable where individual recovery is too small (2d Cir.), 96:129
– Multilateral interchange fees

– – MasterCard revisions and transparency proposals head off EU noncompliance sanctions, 96:337
– – Visa, EC sends Statement of Objections for lack of benefit to consumers, 96:360

– Swipe fees

See LEGISLATION, FEDERAL, HR 2695, HR 2382, S 1212

– Truth in Lending Act

– – Preemption (U.S., rev den), In Brief, 96:65
– – Rates, fees, disclosure, and marketing amendments

See LEGISLATION, FEDERAL, S 414

– UK, financial services plan unveiled by OFT, 97:130

CREDIT REPAIR ORGANIZATIONS ACT (CROA)

– Arbitration not proscribed by Act (11th Cir.), 96:453
– Ark., default judgment and permanent injunction entered for violations (E.D. Ark.), 96:597
– Restraining order issued for misrepresentation, advance charges, and lack of contracts (D.N.J.), 96:268
– Settlement for false claims and advance charges reached (S.D. Fla.), 96:643

CREDIT REPORTS

– Credit repair

See CREDIT REPAIR ORGANIZATIONS ACT (CROA)

– Fair Credit Reporting Act

See FAIR CREDIT REPORTING ACT (FCRA)

– Free reports

– – Comments sought on amendments to FTC rule, 97:395
– – Official website for free reporting, FTC promotes, 96:240

CRIMINAL LAW AND PROCEDURE

– Ed. Note: Criminal actions are located under specific subject headings, e.g. PRICE FIXING.

CROA

See CREDIT REPAIR ORGANIZATIONS ACT (CROA)