Antitrust & Trade Regulation Report Index-Summary

IDENTITY THEFT

– Consumer Sentinel Data Book, identity theft is top FTC complaint, 96:186
– Debt collectors, identity theft victim raises genuine issues re possible FCRA violation (S.D. Ohio), 96:89
– Hacker indicted for credit and debit card data theft (D.N.J.), 97:202
– Reasonable risk assessment prior to consumer notification

See LEGISLATION, FEDERAL, HR 2221

– Red Flags rule

– – Attorney exemptions, Am. Bar Ass'n urges, 96:644; suit challenging rule filed (D.D.C.), 97:257
– – Compliance deadline postponed, 96:456; enforcement delayed again, FTC faces litigation threat, 97:114
– – Exemptions for certain businesses

See LEGISLATION, FEDERAL, HR 3763

– – FAQ issued, 96:590
– – 401(k) participant loans not covered, FTC staffer says, 97:41; attorneys seek formal guidance, 97:86
– – Lobbying groups opposed to implementation may have to resort to litigation, Special Report, 97:177
– – New website launched, In Brief, 96:328

– Social Security numbers, FTC recommends legislation, 96:11
– Stimulus scam advertisements, FTC warns consumers, 96:215

ILLINOIS

– Beer manufacturer and importer must defend contract breach claims by distributor (N.D. Ill.), 96:433
– Refuse carts, executives of repair firm indicted for Chicago fraud scheme (N.D. Ill.), 96:405

IMMUNITY

– Cardiothoracic surgeons may pursue claims against private group working for state hospital (2d Cir.), 97:41
– Convention authority antitrust claims (W.D. Mich.), In Brief, 96:242
– Hospitals, county-run district immune from antitrust liability (W.D. Wash.), 97:454
– Japan, panel recommends bill allowing suits against foreign states, 96:71
– Tobacco, Master Settlement Agreement waives constitutional claims (W.D. Ky.), 96:44
– Waste disposal, franchises without price controls constitute hybrid restraint on trade, claims against county may proceed (M.D. Fla.), 97:111; franchisees may intervene, 97:232

INDIANA

– Flight services support, financial hardship no justification for change in divestiture requirement of Indianapolis FBO (D.D.C.), 96:352

INDUSTRIAL EQUIPMENT AND MACHINERY

– Electrical equipment, employee pleads guilty to procurement fraud (D.N.J.), 96:216
– Franchising

– – Air compressors, terminating manufacturer must face claims re exclusive dealership rights (E.D. Wis.), 97:338
– – Forklifts, constructive termination is violation of state franchise law (N.J. App. Div.), 97:183

– Pipe valves and fittings, company and owner plead guilty in Superfund kickback scheme (D.N.J.), 96:209

INSURANCE

– Arbitration clause cannot forestall Atty. Gen. action (N.Y.), 97:68
– Automotive

– – Loss protection system is not insurance, lack of damages voids warranty claim (N.J. App. Div.), 96:514
– – Loss valuation software, merger enjoined (D.D.C.), 96:261
– – Repair, volume discounts (9th Cir.), In Brief, 96:299

– Brokerages

– – Antitrust, class settlement approved (D.N.J.), 96:186
– – Multidistrict litigation, fee claims are sufficiently unique for remand (D.N.J.), 96:269; remand ordered, 97:61

– Conn., settlement reached in bid rigging, price fixing, and illegal steering claims (Conn. Super. Ct.), 96:462
– Defense costs, contemporaneously filed claims will proceed in two jurisdictions (Del. Super. Ct.), 97:239
– EU conducts review on Block Exemption Regulation, 96:304; official shares preliminary findings with conferees, 96:572
– FACTA study, In Brief, 96:431
– Firm offer is permissible purpose for obtaining credit report under FCRA (3d Cir.), 97:425
– France, Competition Authority favors severing insurance from loans, 97:412
– Health care

– – Boycott, failure to allege agreements dooms complaint (6th Cir.), 96:10
– – Cal., state-sponsored network exempt from antitrust scrutiny (Cal. Ct. App.), 97:300
– – Cost, experience data (S.D.N.Y.), In Brief, 96:482
– – Domination of markets, AMA report finds consumers have few options, 96:88
– – Exemption from price-fixing rules, repeal

See LEGISLATION, FEDERAL, HR 3596, S 1681

– – France, dental group fined for boycott of insurer, 96:166
– – Mergers, Am. Hospital Ass'n urges Justice to conduct coordinated review, 96:479

– Italy, antitrust authority publishes open letter to parliament calling for urgent action on competition, 96:120
– Multistate settlement, approval of agreement and fee award affirmed (3d Cir.), 97:280
– Oligarchy, economists tell Congress that oversized institutions need to be broken up, 96:406
– Title insurance

– – Filed rate doctrine, class cannot overcome in price fixing claims for damages (D. Del.), 97:85; doctrine does not preclude injunctive relief (E.D. Pa.), 97:113
– – Pa., customer alleging deceptive practices need not exhaust administrative remedies (Pa. Super. Ct.), 97:487
– – Specificity lacking in price fixing allegations, dismissed with leave to amend (N.D. Cal.), 96:533

– Truth in Lending Act, damages (U.S., rev den), In Brief, 96:298

INTELLECTUAL PROPERTY

– Copyrights

See COPYRIGHTS

– Patents

See PATENTS

– Trade secrets

See TRADE SECRETS

– Trademarks

See TRADEMARKS

INTERNET

– Ed. Note: For electronic sales of goods and services, see ELECTRONIC COMMERCE. E-mail fraud is covered under SPAM. For a list of electronic resources and websites, see Electronic Resources section of each issue.
– AOL forum selection clause designating state with no class action remedy unenforceable (9th Cir.), 96:93
– Blogger endorsements and testimonials, FTC reviewing public comments on proposed rules re disclosures, 97:89
– Books, Google digitization project

See BOOKS

– Broadband

See BROADBAND

– Canada

– – ISPs ask regulator to reverse allowance of wholesale “throttling” of traffic, 96:544
– – Management of traffic, regulator releases guidance for ISPs, 97:458
– – Webcasting, regulatory exemption maintained for new media broadcasting services, 96:603; regulator asks for ruling on ISPs as broadcasters, 97:129

– Data as a market, panelists discuss developments, 96:349
– European Union

– – Social networking services agree to voluntary privacy principles, 96:140
– – Web browsers, EU 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; comments sought on Microsoft proposal, 97:410

– Get rich quick scheme, purchase of kit triggered monthly payments, restraining order obtained (D. Nev.), 97:11
– Grant sites

– – Fraudulent programs shut down by FTC (D. Nev.), 97:226
– – Front for costly membership program, restraining order obtained (C.D. Cal.), 97:11

– H1N1 flu virus, FTC and FDA warn of online scams, 96:460
– Identity theft

See IDENTITY THEFT

– Investigations and enforcement actions may stifle innovation, speaker tells conferees, 97:145
– Italy

– – News, investigation opened into Google News Italia content extraction practices, 97:270
– – Service provider fined for limiting peer-to-peer transfers, 96:101

– Kiosks, judgment entered against Ponzi scheme operators (D. Nev.), 96:428
– Recession, consumer information website launched, In Brief, 96:328
– Registry services, monopoly claims re no-bid .com deal may proceed, claims re .net deal based on competitive bidding process fail (9th Cir.), 96:583
– “Scareware,” two settle with FTC over deceptive software ads (D. Md.), 96:645; corporate officer must face charges, 97:331
– Search engines, In Brief, 97:298; groups urge rigorous review of Microsoft/Yahoo! deal by DOJ, 97:334
– Social networking, antitrust counterclaims against Facebook dismissed for vagueness (N.D. Cal.), 97:482
– Stimulus scams, FTC warns consumers, 96:215
– Web search advertising monopoly (9th Cir.), In Brief, 97:365
– YouTube, interim ASCAP fees (S.D.N.Y.), In Brief, 96:512

IOWA

– CAFA, removal standard in price-fixing claim is preponderance of evidence (8th Cir.), 96:220

ITALY

– Air transportation, government will not block Alitalia deals, 96:53; final approval granted, 96:251
– Banking

– – Antitrust authority calls for greater oversight, 96:52; open letter to parliament calls for urgent action to increase competition, 96:120
– – Credit card fees, investigation launched, 97:187
– – Fees on checks and period between deposit and credit, policies will have to be phased out, 96:441
– – Shareholder collaboration agreement investigated by antitrust officials, 96:493
– – Transparency, head of competition authority calls for more information to smaller clients, 96:651

– Cell phone ads, fines, In Brief, 96:546
– Compressors, investigation opened, In Brief, 96:196
– Energy companies fined for misleading ads, In Brief, 96:28
– Internet service provider fined for limiting peer-to-peer transfers, 96:101
– Mobile phone operators fined for raising fees without notice, 96:167
– Motor vehicles, no review of Chrysler/Fiat merger, 96:75; Chrysler merger may mean other acquisitions present antitrust risk, 96:464; dealership networks, In Brief, 96:630
– Natural gas

– – Market penetration, Italian Senate debates limits of single companies, 96:360
– – Pipeline management, EC sends statement of objections to ENI, 96:282; Berlusconi defends EU attack on pricing structures on national security grounds, 96:306
– – Refineries, Eni agrees to divestiture, drops appeal, 96:143

– News, investigation opened into Google News Italia content extraction practices, 97:270
– Pasta makers fined for cartel-like behavior, 96:226
– Plasterboard dominance investigation, In Brief, 96:283
– Post office, investigation opened re dominance in utility bill services, 96:439
– Renewable energy, investigation opened on blocked resale deals, 96:492
– Soccer, investigation opened into rights to televise matches, 97:156
– Stimulus plan, antitrust agency opposes increases in minimum capital levels, 96:72
– Telecommunications

– – Breakup of monopoly may be in order, competition authority head tells parliament, 96:651
– – Customer “win back,” Telecom Italia investigation dropped after concessions, 96:27
– – Equipment manufacturers, investigation opened into Telecom Italia practices, 96:386
– – Switching operators, agency fines Telecom Italia for obstruction, 97:217