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Vol. 96, Nos. 2383-2407, pp. 1-656 and Vol. 97, Nos. 2408-2424, pp. 1-496 Jan. 9 -- Oct. 30, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
CAFA
Ed. Note: A list of upcoming conferences and meetings is included at the end of each issue.
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 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 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
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 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 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 Mergers and acquisitions
Chemicals
BASF/Ciba deal cleared, In Brief, 96:387
Dow/Rohm and Haas deal cleared, In Brief, 96:102 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
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 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
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 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
See MOTOR VEHICLES
See also PRICE FIXING
Australia, lowered liability threshold may chill lawful conduct, ABA says, 96:338 Canada
See CANADA
See CHILE
European Union
See FRANCE
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
California wildfires, In Brief, 97:299
Telemarketing, FTC and state agencies begin crackdown on bogus fundraising, 96:511
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
Apparel company settles charges (S.D.N.Y.), 97:475
Mobile marketplace, FTC to expedite review for potential modification, 96:402
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 Radio, bill designed to prevent concentration and speculation passes, 96:120 Service of process, letter rogatory properly approved (D. Colo.), 97:409
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
Antimonopoly Law, ABA sections comment on draft implementation regulations, 96:603
Relevant markets guidelines, ABA suggestions, In Brief, 96:121
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
See TOBACCO INDUSTRY
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
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 Baby products, purchaser class certified in conspiracy suit (E.D. Pa.), 97:170 CAFA
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 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 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
Certification of class reversed on inability to identify members (1st Cir.), 97:336
Recipients of unsolicited materials certified (N.D. Ill.), 96:134 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 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 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 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 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
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
Price fixing, German scheme had no effect on U.S. market, subject matter jurisdiction lacking (N.D. Ill), 96:23
Fax ads, assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137
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
Oil and gas, CFTC urges FTC to rethink new rules on wholesale fuel markets, 96:535; FTC rule to prevent manipulation adopted, 97:141
Privacy, information broker cannot claim CDA immunity after soliciting and publishing illegal telephone records (10th Cir.), 97:8
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 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 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 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 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
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. 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 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
See PRIVACY
Insurance, settlement reached in bid rigging, price fixing, and illegal steering claims (Conn. Super. Ct.), 96:462
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 Boycotts
See BOYCOTTS
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 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
Wireless communications standards setting (U.S., rev den), In Brief, 96:430
Commerce Clause
See COMMERCE CLAUSE
Tobacco, Master Settlement Agreement waives constitutional claims (W.D. Ky.), 96:44 Vagueness
See DUE PROCESS
Credit cards
See CREDIT CARDS
See CREDIT REPORTS
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
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 Stimulus scams, FTC warns consumers, 96:215 Telemarketing
See TELEMARKETING
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
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
Ringtones, internet previews are not fair use (S.D.N.Y.), 96:205; interim license fees, In Brief, 96:408
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
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 Disclosures and unfair practices, regulatory action may be followed by legislation, 96:17 FACTA Identity theft
See IDENTITY THEFT
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
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 repair
Comments sought on amendments to FTC rule, 97:395
Official website for free reporting, FTC promotes, 96:240
Ed. Note: Criminal actions are located under specific subject headings, e.g. PRICE FIXING.
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