Antitrust & Trade Regulation Report Index-Summary

E-MAIL

See also SPAM
– Stimulus scam advertisements, FTC warns consumers, 96:215

ELDERLY PERSONS

– Minn., successful defense of baby FTC act merits recovery of costs from attorney representing elderly woman (D. Minn.), 97:44

ELECTRICITY

– European Union

– – EdF group, statement of objections sent, In Brief, 96:29; surprise inspections confirmed, 96:250
– – Electrabel fined for failing to obtain regulatory approval for merger, 96:602
– – Power cable, dawn raids confirmed, In Brief, 96:121
– – Swedish monopoly provider, dominance inquiry initiated, 96:414

– France, utility ordered to separate public service from competitive activities in communications, 96:386
– Greece, lignite deposits, fair access measures accepted by EU, 97:156
– Italy

– – Misleading ads, In Brief, 96:28
– – Post office, investigation opened re dominance in utility bill services, 96:439
– – Renewable energy, investigation opened on blocked resale deals, 96:492

– Japan, power cable maker-distributors raided in price-fixing investigation, 96:120
– N.Y., power authority employee sentenced to jail and fine in kickback scheme (E.D.N.Y.), 96:87
– Ohio, rebate challenge must be heard by utilities commission (S.D. Ohio), 96:397
– Partial acquisitions, FTC urges FERC to examine competitive effects, 96:459
– Robert Bosch may acquire aleo solar and Johanna Solar Technology, In Brief, 97:344
– Semiconductors, divestitures required in merger settlement (C.D. Cal.), 97:200
– Superfund subcontractor kickbacks (D.N.J.), In Brief, 97:63
– UK, bid by Centrica to acquire percentage of Lake Acquisitions cleared by OFT, 97:186
– Utility vaults, use of exclusive supplier and partial developer reimbursement does not support antitrust claims (N.D. Cal.), 96:291

ELECTRONIC COMMERCE

– Ed. Note: This heading covers electronic sales of goods and services and their regulation. E-mail fraud is covered under SPAM. All other references to the Web or the Internet are found at INTERNET.
– Advertising, Microsoft/Yahoo! agreement faces scrutiny, 97:117
– Behavioral marketing

See ADVERTISING

– Coin graders and dealers, eBay forum selection clause found enforceable, claims transferred (E.D.N.Y.), 96:615
– Computer equipment seller settles data breach and deceptive statements claims (FTC), 96:133
– France, television content via internet should be limited, Competition Authority says, 97:76
– Payday loan website, settlement reached on deceptive practices (N.D. Cal.), 97:199
– Pharmacy, Rx.com blocked from benefit networks, claim time-barred (5th Cir.), 96:456
– Resale price maintenance, testimony in panel hearing debates potential legislative overruling of Leegin, 96:423; further action, see LEGISLATION, FEDERAL, S 148
– UK, website based in US settles charges of posing as British site (C.D. Cal.), 97:157
– Wireless communications, internet previews of ringtones infringe copyright (S.D.N.Y.), 96:205; interim license fees, In Brief, 96:408

ENERGY

– Electricity

See ELECTRICITY

– Oil and gas

See OIL AND GAS

ENTERTAINMENT

– Music

See MUSIC

– Radio

See RADIO

– Television

See TELEVISION

– Video

See VIDEO

– Video games

See VIDEO GAMES

ENVIRONMENT

– Biodegradable towels, retailer settles false advertising claims (FTC), 97:229
– Green marketing, House panel hears testimony on practices, 96:588
– Landscaping subcontractor pleads guilty in EPA fraud (D.N.J.), 97:14
– Pipe valves and fittings, company and owner plead guilty in Superfund kickback scheme (D.N.J.), 96:209
– Rayon mislabeled as bamboo, marketers will stop making “green” claims (FTC), 97:168
– Superfund kickbacks, 3 indicted (D.N.J.), 97:296

ENVIRONMENTAL PROTECTION AGENCY (EPA)

See generally ENVIRONMENT

EQUAL PROTECTION

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

EU MERGER APPROVAL

– Agriculture

– – ForFarmers cleared to acquire Cefetra, 96:519
– – Gilde Buy Out Fund III cleared to acquire Plukon Royale, In Brief, 96:283

– Air transportation

– – Agusta and CAE Aviation Training approved for joint control of Rotorsim, In Brief, 96:227
– – Alitalia/AirFrance/KLM deal approved, 96:251
– – Dassault and TSA cleared for joint control of Thales, 96:251
– – Iberia acquisition of Vueling and Clickair contingent on release of takeoff and landing rights, 96:52
– – Lufthansa acquisition of Austrian Airlines contingent on remedies plan compliance, 97:270
– – Lufthansa acquisition of SN Airholding, in-depth investigation launched, 96:99; remedies required, 96:649
– – Lufthansa cleared to acquire British Midland, 96:518
– – Mubadala/UTC cleared for joint venture, In Brief, 97:218
– – Sabena Technics and TNT Airways cleared for joint venture, In Brief, 97:159

– Aircraft maintenance, Rolls-Royce/Mubadala joint venture approved, 96:167
– Alcoholic beverages, Lion Capital/Central European Distribution cleared to acquire joint control of CJSC Russian Alcohol Group, In Brief, 97:312
– Aluminum, Alcoa bid for Elkem approved, In Brief, 96:227
– Banking

– – Altor fund cleared to acquire Carnegie Investment Bank and Max Matthiessen Holding, In Brief, 96:339
– – Banque Federative du Credit Mutuel may acquire Monabanq, 97:309
– – Barclays and CNP Assurances may acquire joint control of Barclays Vida y Pensiones Compania de Seguros, In Brief, 97:187
– – Credit Agricole may acquire Caceis, In Brief, 97:25
– – Credit Mutuel acquisition of Cofidis approved, 96:196
– – Rabobank acquisition of Bank Gospodarki Zywnosciowej approved, In Brief, 96:145
– – Raiffeisen Bausparkasse, Barusparkasse Schwarbisch Hall, and Raiffeisen Bank cleared for joint control of Raiffeisen Banca pentru Locuinte, In Brief, 96:441

– Boilers, Bosch Thermotechnik may acquire Loos, 97:103
– Building and construction

– – Doprastav/Ceskomoravsky beton joint venture approved, In Brief, 96:145
– – Dragados may acquire Przedsiebiorstwo Robot Inzynieryjnych POL-AQUA, In Brief, 97:312
– – Fortis Private Equity cleared to acquire Kuiken, In Brief, 97:131
– – Penta may acquire Okna Rabien, In Brief, 96:227
– – Strabag and Kemna Bau Andreae cleared for joint control of Hermann Wellmann Tiefbau, In Brief, 96:251

– Carbon offsets, Orbeo may acquire parts of OneCarbon Int'l, In Brief, 97:311
– Chemicals

– – Access Industries Group/ProChemie Holding cleared to acquire Lyondell-Basell Industries, In Brief, 96:630
– – Arsenal Capital Partners acquisition of DSM Special Products, divestitures required, 96:51
– – Diester Industrie acquisition of Oleon approved, 96:53
– – One Equity Partners II approved to acquire Columbian Chemicals Holding, In Brief, 96:227

– Coal, Severoceske doly/J&T Inv. Advisors cleared for joint control of MIBRAG, In Brief, 96:574
– Coffee machines, Koninklijke Philips Electronics may acquire Saeco International Group, 97:102
– Commodities, Goldman Sachs approved to purchase Constellation Energy Commodities Group, In Brief, 96:196
– Computers

– – Fujitsu Limited/Fujitsu Siemens deal approved, In Brief, 96:28
– – Sony cleared to acquire Seiko Epson LCD display business, 97:342
– – Toshiba cleared to acquire Fujitsu hard drive business, 96:492

– Consumer goods, REWE/Coop deal authorized, In Brief, 96:28
– Containers, Mauser Holding Intl./Reyde joint venture approved, 96:70
– Detection equipment, GE/Safran may acquire joint control of GE Homeland Protection, In Brief, 97:25
– Electricity

– – AREVA SA cleared to acquire AREVA NP, In Brief, 96:630
– – CEZ and Akkok Sanayi Yatirim ve Gelistireme cleared for joint control of Akenerji Electrik Uretim and Sakarya Elektrik Dagitim, In Brief, 96:196
– – E.D.F. and Energie Baden-Wurttemberg cleared for joint control of Elektrownia Rybnik, In Brief, 96:251
– – E.D.F. and Energie Baden-Wurttemberg cleared for joint control of Zespol Elektrocieplowni Wroclawskich, In Brief, 96:251
– – Electrabel International Holdings/GEK cleared for joint control of Heron Thermoelectric and Heron II Viotia Thermoelectric Station, In Brief, 96:307
– – Electricite de France/British Energy, divestitures required, 96:27
– – EnBW Energie Baden-Wurttemberg/Borusan Holding cleared for joint control of Borusan Enerji Yatirimlari Ve Uretim, In Brief, 97:77
– – Enel cleared to acquire Endesa, In Brief, 96:387
– – Itochu/Mitsubishi Heavy Industries/Enolia joint venture approved, In Brief, 96:652
– – Mytilenos Holdings and Motor Oil (Hellas) Corinth Refineries cleared for joint control of Corinthos Power, 96:338
– – Q-Cells/Good Energies Investments 2/NorSun cleared for joint control of Sunfilm, In Brief, 96:607
– – RWE acquisition of Essent, divestitures required, 96:651
– – RWE Innogy/RheinEnergie/Stadtwerke Munchen/MAN Ferrostaal cleared for joint control of Marquesado Solar, In Brief, 96:607
– – Vattenfall cleared to acquire Nuon Energy, subject to divestitures, 96:652

– Energy, DONG Energy may acquire KOM-STROM, 97:311
– Entertainment

– – General Electric/News Corp./Walt Disney Co. cleared for joint control of Hulu, In Brief, 96:653
– – NBC Universal/IMI Investimenti approved for joint control of Cattleya, In Brief, 96:227

– Financial services

– – BlackRock may acquire Barclays Global Investors UK Holdings Ltd., 97:344
– – BNP Paribas Inv. Partners/Credit Agricole Asset Mgmt. cleared for joint control of Fund Channel, In Brief, 97:77
– – Financial Market Stabilization cleared to acquire Hypo Real Estate, 96:519
– – General Elec./Mubadala Dev. Co. joint venture approved, In Brief, 96:574
– – Nordea Investment Funds/Vegagest joint control of Systema approved, In Brief, 97:271

– Food

– – Archer Daniels Midland cleared to acquire Schokinag, 96:546
– – Perdigao/Sadia merger cleared, In Brief, 97:25

– Gambling, Serendipity Investment/Eurosport joint venture approved, In Brief, 96:169
– Health care products, Abbott Laboratories cleared to buy Advanced medical Optics, In Brief, 96:196
– Industrial products, SHV Holding may acquire ERIKS, 97:158
– Infrastructure

– – Acciona Energia Internacional and Mitsubishi may acquire joint control of Amper Central Solar, In Brief, 97:103
– – Citi Infrastructure Partners may acquire Itinere Infraestructuras, In Brief, 96:169

– Insurance

– – PartnerRe may acquire Paris Re Holdings, In Brief, 97:344
– – Uniqua Versicherungen/Veneto Banca Holding joint venture cleared, In Brief, 97:270

– Investment management, Bridgepoint Capital may acquire Hermes Private Equity Directs, In Brief, 96:493
– Manufacturers

– – Arizona Chemical/Abieta Chemie, resin products acquisition approved, 96:74
– – Hitachi may acquire Hitachi Koki, In Brief, 96:169
– – Intesa San Paolo/Reno de Medici, joint control of Manucor approved, In Brief, 97:312

– Media, Pemira Holdings/News Corp. joint control of NDS approved, In Brief, 96:29
– Metals

– – Almeco/MAGE cleared for joint control of Tinox, In Brief, 96:653
– – ArcelorMittal may acquire Noble European Holdings, 97:74
– – BlueBay High Yield Investments/BlueBay Multi-Strategy Investments/RHJ International cleared for joint control of Honsel, In Brief, 96:652
– – Gonvarri/Severstal joint venture approved, In Brief, 97:312
– – Orkla approved to acquire Sapa, In Brief, 96:227

– Mobile device displays, Samsung Electronics/Samsung SDI joint acquisition of Samsung Mobile Displays approved, 96:102
– Motor vehicles

– – BLG Automobile Logistics Italia/Intl. Car Operators cleared for joint venture, In Brief, 97:131
– – Daimler and Evonik Industries cleared for joint control of Li-Tec Vermogensverwaltungs, In Brief, 96:197
– – General Motors may acquire Delphi Steering Business, In Brief, 96:441
– – Magna authorized to acquire Cadence Innovation, 96:492
– – Mapfre and Grupo Salvador Caetano cleared for joint control of Choice Car-Comercio de Automoveis, Finlog-Aluguer e Comercio de Automoveis, Guerin-Rent-A-Car, and Luso Assistencia-Gestao de Acidentes, 96:436
– – Platinum Equity cleared to acquire Delphi, 97:155
– – Schaeffler/Continental, acquisition cleared, 96:26
– – Volkswagen/Fleet Investments joint control of LeasePlan authorized, 97:215

– Motorways

– – Atlantia/Acciona approved for joint control of Chilean assets of Itinere, In Brief, 96:227
– – Societa Inizative Autostradalie Servizie/Acciona cleared to acquire Itinere Chilean assets, In Brief, 97:25

– Music, Bertelsmann/Kohlberg Kravis Roberts joint venture approved, 97:311
– Oil and gas

– – BP Biofuels/E.I. du Pont de Nemours joint venture cleared, 97:75
– – Centrica may acquire Venture Production, 97:244
– – Cooperatieve KazMunaiGaz/Eurasian Energy Holdings cleared for joint control of Mangistaumunaigaz, In Brief, 97:76
– – ENI may acquire Toscana Energia Clienti, In Brief, 97:311
– – F2i Fondi Italiani per le Infrastrutture/Finavias cleared for joint control of ENEL Rete Gas, In Brief, 97:104
– – Intl. Petroleum Investment Company acquisition of MAN Ferrostaal, divestitures required, 96:282
– – OJSC Sibur Holding may acquire CITCO, In Brief, 96:652
– – StatoilHydro/St1 joint control of St1Avifuels approved, 96:27

– Packaging, IPC Fund and Oaktree Funds cleared for joint control of Chesapeake Corp., In Brief, 96:339
– Personal care products, Johnson & Johnson cleared to acquire Vania and Polive, 96:166
– Pharmaceuticals

– – GlaxoSmithKline may acquire Stiefel Labs, In Brief, 97:103
– – Lonza/Teva joint venture approved, 96:519
– – Novartis may acquire EBEWE Spezial-Pharma Holding, 97:343
– – Otsuka acquisition of Nardobel approved, In Brief, 96:145
– – Pfizer acquisition of Wyeth, divestitures required, 97:101
– – Sanacorp Pharmahandel/v.d. Linde merger approved, 96:250
– – Sanofi-Aventis may acquire Merial, In Brief, 97:312
– – Sanofi-Aventis/Zentiva merger, drug divestitures required, 96:143
– – Teijin Pharma/Laboratorios del Dr. Esteve joint control of Oximeplus authorized, In Brief, 96:54
– – Teva Pharm./Barr Pharm., multiple divestitures required, 96:25

– Plastic products

– – Blackfriars Group acquisition of Vink Holdings approved, In Brief, 96:144
– – Intl. Petroleum Investment may acquire NOVA Chemicals, In Brief, 96:493
– – NPM Capital/Fortis Private Equity cleared to acquire Helvoet Holding, In Brief, 96:653

– Postal services

– – CVC Capital Partners/Belgian State cleared for joint control of De Post-La Poste, In Brief, 96:653
– – Posten/Post Danmark, divestitures required, 96:439

– Publishing, 3i Group and partners may acquire Volnay, In Brief, 97:217
– Railroads

– – Deutsche Bahn may acquire PCC, 96:629
– – OP Trust Private Markets Group/Deutsche Bank/Lloyds TSB Bank/Antin Infrastructure Partners joint control of Porterbrook Leasing authorized, 96:144
– – Voyage France Europe Partenaires/Bollore cleared for joint venture, In Brief, 96:607

– Retail industry, Aeroports de Paris/The Nuance Group, joint venture approved, 96:28
– Ships and shipping

– – ABB/Fincantieri joint venture approved, 96:491
– – A.P. Moller-Maersk/Brostrom deal approved, 96:53
– – Costa Crociere/MSC Crociere joint venture approved, In Brief, 96:145
– – DSV/Vesterhavet joint control of DFDS investigated by EC, 96:629
– – Euroports Holding may acquire Benelux Port Holding, In Brief, 97:218
– – Jysk Stalindustrie/Volgo-Balt Transport Holding deal approved, 96:75

– Telecommunications, Carphone Warehouse Group cleared to acquire Tiscali UK, 97:24
– Tools, Renova Industries cleared to acquire Sulzer, In Brief, 96:630
– Travel, TUI Travel Holdings/Oscrivia Ltd. cleared for joint control of Voyage Kiev and VKO Moscow, In Brief, 97:77
– Water

– – Lyonnaise des Eaux may acquire control of 6 units owned with Veolia Eau, 97:157
– – Veolia Eau may acquire control of 3 units owned with Lyonnaise des Eaux, 97:159

– Wood products, Votorantim Group may acquire Aracruz Cellulose, 96:441

EUROPEAN UNION (EU)

– Ed. Note: This heading covers issues affecting the EU as a whole. For issues involving member countries, see specific country.
– Air transportation

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

– Auto industry, German state aid draws EU statement, 97:307
– Banking

– – Credit crisis, EU Commissioner urges banking sector to face responsibilities, 96:281; Kroes advocates complementary roles of self-regulation and competition, 96:545; Kroes stresses restoration of long-term viability, 97:21
– – Protectionism, Kroes argues for competition, fixing banking, 96:544
– – Regulatory and supervisory system should be cross-border, Kroes tells conferees, 96:650
– – Restructuring needed to ensure long-term stability and growth, Kroes tells conferees, 97:22
– – Securities identification numbers, Standard & Poor's faces monopoly abuse charges, 96:72
– – State aid

– – – Dutch nationalization of Fortis questioned by EC, 96:359
– – – Excessive bonuses to be target of probe, 97:310

– Bundling, exclusive dealing, and loyalty discounts, panelists discuss different U.S. and EU approaches, 96:335
– Cartels

– – Competition commissioner cites damage, says enforcement costs justify fines, 96:248
– – LCD panel suppliers, statement of objections sent, 97:73
– – Marine hose cartel members fined, 96:100
– – Plastics, EC sends statement of objections to heat stabilizer companies, 96:305
– – Prestressed steel, statement of objections sent to suppliers, 96:142
– – Refrigeration compressors, surprise inspections, 96:166
– – Steel compounds, fines imposed, 97:99

– Cement firms, surprise inspections, In Brief, 97:344
– Classification societies, EU seeks comments on measures to address restrictive business practices, 96:605
– Competition policy

– – Annual report issued, 97:213
– – Industrialized nations participate in forum on financial crisis, 96:224; full report on competition debate issued, 97:24
– – Reform, modifications to EC Treaty rules found effective, 96:435

– Computer chips

– – Intel fined for conditional rebates, abuse of dominant position, 96:487; Intel files notice of appeal, 97:98
– – Rambus, comments solicited on commitments offered to offset dominance claims, 96:628

– Convergence, panelists discuss international cooperation in antitrust enforcement, 96:332
– Credit cards

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

– Economic recovery, competition commissioner urges states to reject protectionism, plan for long term, 96:165
– Electricity

– – EdF group, statement of objections sent, In Brief, 96:29; surprise inspections confirmed, 96:250
– – Electrabel fined for failing to obtain regulatory approval for merger, 96:602
– – Swedish monopoly provider, dominance inquiry initiated, 96:414

– Gas, EC accepts divestitures by German firm accused of dominance, 96:281
– Horizontal cooperation agreements, ABA sections offer comments on EU policies, 96:99
– Insurance, EC conducts review on Block Exemption Regulation, 96:304; official shares preliminary findings with conferees, 96:572
– Internet

– – Social networking services agree to voluntary privacy principles, 96:140
– – Web browsers, EC likely to require Microsoft to offer competing products, 96:193; European Committee for Interoperable Systems given interested third party status, 96:384; Microsoft granted extension, Ass'n for Competitive Tech. given interested third party status, 96:413; decision expected by November, Microsoft denied postponement of oral hearing, 96:543; EC expresses interest in plans to release Windows 7 without browser, 96:627

– Merger review control, EC adopts favorable report, 96:626
– Motor vehicles, roundtable discussion of block exemption held, 96:141; EC considering future legal framework for distribution and after sale agreements, 97:102
– Music, roundtable discusses reducing barriers in online distribution, 96:545
– Natural gas, EC sends statement of objections to ENI group re pipeline management, 96:282; Italy defends pricing structures on national security grounds, 96:306
– Pharmaceuticals, company practices responsible for decline of novel medicines and slow entry of generics, report finds, 97:70; investigation launched, 97:71
– Power cable, dawn raids confirmed, In Brief, 96:121
– Price squeeze, panelists discuss divergence of theories on doctrine in U.S. and EU, 96:347
– Ships and shipping, DSV/Vesterhavet joint control of DFDS investigated by EC, 96:629
– Slovakia, conformation of antitrust law to EC Treaty sought by EU, reasoned opinion issued, 96:118; contrary provision repealed, EU closes infringement proceedings, 97:101
– Smart card chips, surprise inspections confirmed, 96:25
– Software

– – Server interoperability, monitoring of Microsoft no longer required, 96:249
– – Web browsers, EC likely to require Microsoft to offer competing products, 96:193; European Committee for Interoperable Systems given interested third party status, 96:384; Microsoft granted extension, Ass'n for Competitive Tech. given interested third party status, 96:413; decision expected by November, Microsoft denied postponement of oral hearing, 96:543; EC expresses interest in plans to release Windows 7 without browser, 96:627

– Subsidies and state aid, EC Commissioner urges global rules against protectionism, 96:24
– Telecommunications

– – Broadband inquiries opened in Poland and Slovakia, 96:439
– – Nationalist approach must be cured by legislation, commissioner says, 96:302
– – Termination rates, guidance issued by EC, 96:490
– – Unannounced competition inspection of incumbent providers confirmed by EC, 96:101

– Vertical distribution restraints, EU seeks comments on revisions to Block Exemption, 97:128

EVIDENCE

– Canada, draft revision to Information Bulletin on Sentencing and Leniency in Cartel Cases, comments sought, 96:334
– Cigarettes, lack of facts dooms claims by smoker, summary judgment granted (S.D. Miss.), 96:646
– Discovery

See DISCOVERY

– Experts

See EXPERT WITNESSES

– Financial records (E.D. Tenn.), In Brief, 97:298
– Hearsay

– – Boycott case, statements may help prove conspiracy (W.D. Okla.), 96:15
– – Concerted action inference not enough to admit coconspirator statements (D. Del.), 97:332

– Parol evidence rule bars admission of promises of exclusive territory for gas station (6th Cir.), 96:485
– Privileged communications, actual reliance on advice of counsel defense required to gain access to attorney communications (9th Cir.), 96:37

EXPERT WITNESSES

– Economics, panelists discuss changes post-Twombly, 96:501
– Factual disputes, court not barred from resolving in Rule 23 hearing, class decertified and remanded (3d Cir.), 96:5
– Fiberglass insulation, challenged econometrics opinion not excluded in price fixing claim (N.D. Ga.), 96:153
– Natural gas, methodology of expert reliable and may go to jury (S.D.W. Va.), 96:371
– Reliability, damages opinion fails test, excluded (D. Del.), 97:232; concerted action inference not enough to admit coconspirator hearsay, 97:332