Antitrust & Trade Regulation Report Index-Summary

JAPAN

– Airlines, Delta investment in JAL likely to meet antimonopoly scrutiny, 97:308
– Cell phones, draft cease order sent to Qualcomm for restrictive licensing terms, 97:129
– Foreign competition statutes and enforcement mechanisms, study commission launched, 97:185
– Mergers and acquisitions

– – Kirin and Suntory consolidation to be investigated, 97:75; divestiture may be required, 97:310
– – Reporting requirements, bill to revise to be resubmitted, 96:73

– Monopolization

– – Anti-Monopoly Law, record violations result in surcharge increases, 96:385
– – Fair Trade Commission, report finds increased support for leniency program, 96:304

– Music, oligarchy charges to be brought against royalty collection agencies, 96:168
– Price fixing

– – Electricity power cable maker-distributors raided in investigation, 96:120
– – LCD modules for Nintendo displays, Hitachi and Sharp penalized for price fixing, 96:26; tribunal to be convened, 96:307

– Sovereignty, panel recommends bill allowing suits against foreign states, 96:71
– Television picture tubes, JFTC expected to exercise extraterritorial enforcement authority, 97:73

JEWELRY

– France, payment terms, legislative exemptions for certain industries favored, 96:226
– Jurisdiction, diamond merchant makes “sufficient start” in showing agency for limited discovery (S.D.N.Y.), 96:85

JOINT VENTURES

See EU MERGER APPROVAL; MERGERS AND ACQUISITIONS

JOURNAL

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

JURISDICTION

– Attorneys' fees, jurisdiction lacking over prenegotiated opt-out settlement pool (E.D. Pa.), 96:239
– Beverage distributors, facial attack on restraint of trade claim fails, jurisdiction found (D.V.I.), 96:12
– Canada, no jurisdiction over most affiliates of U.S. chocolate manufacturers (M.D. Pa.), 97:212
– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT (CAFA)

– Debt collection, federal court may hear previously unlitigated claim related to earlier suit (E.D. Wis.), 97:236
– Diamonds, merchant makes sufficient start in showing agency for limited discovery (S.D.N.Y.), 96:85
– Dog breeders allege sufficient facts to satisfy long-arm statute (S.D. Ohio), 96:374; leave to amend complaint granted, 97:234
– DRAM purchases, neither agency nor single enterprise theory grants jurisdiction over foreign affiliates (N.D. Cal.), 96:403
– Electricity, rebate challenge must be heard by utilities commission (S.D. Ohio), 96:397
– EU merger review control, EC adopts favorable report with suggestions on improvement of allocation rules, 96:626
– FDCPA judicial district, no forum abuse when claim is filed within county where debtor resides (W.D.N.Y.), 96:110
– Forum selection

See FORUM SELECTION

– Golf courses, conclusory statements re interstate commerce insufficient, leave to replead granted (S.D. Miss.), 97:202
– Interlocking directorates, FTC revision to jurisdictional thresholds, 96:17
– Mergers

– – Premerger notification, FTC increases jurisdictional thresholds, 96:12
– – Semiconductors, jurisdiction proper where significant customer resides (E.D. Va.), 96:236; divestitures required in settlement (C.D. Cal.), 97:200

– Motor vehicles, challenge to dealer incentive program must be heard in state court (E.D.N.Y.), 96:191
– Oil and gas

– – Parent company, jurisdiction over natural gas company established via subsidiary (D. Nev.), 96:295
– – Price-fixing suit against OPEC and CITGO dismissed for lack of subject-matter jurisdiction (S.D. Tex.), 96:49
– – Subsidiaries, control over natural gas company not proved by facts, claim dismissed (D. Nev.), 96:244

– Personal care products, German price fixing scheme had no effect on U.S. market, subject matter jurisdiction lacking (N.D. Ill), 96:23
– Price fixing, jurisdictional question must be decided before dismissal for failure to state a claim (Tenn. Ct. App.), 96:245
– Standing

See STANDING

– Telephone Consumer Protection Act

– – Calls, recipient cannot meet federal amount in controversy requirement, class action requirements not met (D.N.J.), 97:230
– – Faxes, complaint fails to satisfy amount-in-controversy requirement (S.D. Ohio), 96:215

– Testosterone replacement, monopoly claim challenging patent settlement transferred (C.D. Cal.), 96:372
– UK, noncompete agreement with U.S. company satisfies minimum contacts (E.D. Pa.), 97:243
– Vitamins cartel, diversity lacking where state and citizens are both real parties in interest (D.D.C.), 97:181

JURY INSTRUCTIONS

– Scrap metal processors, instructions on tolling of limitations period was proper (U.S., rev den), 96:319

JUSTICE DEPARTMENT (DOJ)

– Appointments and personnel, Antitrust Division

– – Assistant Attorney General, Varney nominated, 96:83; Senate Judiciary Committee holds hearing to consider nomination, 96:235; Judiciary Committee reports nomination to full Senate, 96:292; Senate to vote, In Brief, 96:379; Varney confirmed, 96:396
– – Chief of Staff and Counsel, Pozen named, 96:396
– – Civil Matters, Deputy Assistant Attorneys General, Boast and Cavanaugh named, 96:396
– – Economic Analysis, Deputy Assistant Attorney General, Shapiro named, 96:396

– Balance, Center for Am. Progress issues report encouraging increased enforcement, 96:476
– Economic crisis not a reason for reduced antitrust enforcement, Shapiro tells conferees, 96:502
– Get rich quick scams, FTC, DOJ, and state officials announce results of joint sweep, 97:11
– Merger guidelines, DOJ and FTC to hold joint workshops on horizontal combinations, 97:323; Varney addresses workshop goals, 97:324
– Monopolies, Varney promises vigorous enforcement, repudiates Bush-era report on §2 enforcement, 96:475
– Officials to attend ICN, In Brief, 96:546
– State-level matters, Varney outlines relationships and strategy, 97:382