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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
MACHINERY
See WARRANTIES
Canada, bill to end international monopoly introduced, 97:24
Slovakia, EU to require implementation of decision on hybrid mail monopoly, 97:492
See ADVERTISING
Funeral home ownership restrictions do not infringe Commerce, Due Process, or Equal Protection Clauses (4th Cir.), 96:355
Liquor, state pricing scheme and volume discount ban found to be illegal price fixing (4th Cir.), 97:122
Cigarettes, manufacturer cannot affirmatively prove FTC permission for use of package descriptors (Mass.), 96:277
Contracts, clause mandating individual arbitration cannot foreclose statutory right to class action (Mass.), 97:65 Data breach, banks opting out of settlement class may pursue limited claims against discount retailer (1st Cir.), 96:356
See NEWS MEDIA
Ed. Note: A list of upcoming conferences and meetings appears at the end of each issue.
Airlines
Japan, Delta investment in JAL likely to meet antimonopoly scrutiny, 97:308
Low-cost carriers, possible merger sparks speculation of more industry consolidation, 97:140 Anheuser-Busch InBev merger, consumer challenge based on potential competition fails (E.D. Mo.), 97:167; consent decree with divestitures proposed by Justice Dep't approved (D.D.C.), 97:195 Approvals
See EU MERGER APPROVAL; specific industries
Banks, House panel holds hearing on too big to fail institutions, 96:263 Beef, packers terminate merger, DOJ ends pending litigation, 96:189 Canada
See CANADA
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; comments requested, In Brief, 97:206 Rust preventatives, Lubrizol to divest assets and eliminate noncompete provision from Lockhart acquisition (FTC), 96:188
See CHINA
Convergence, Intl. Competition Network meeting adopts new merger analysis guidelines, 96:601 Economic crisis, panelists discuss the role of antitrust enforcement on economy, 96:315 Efficiency claims, study of efficacy with FTC staff, 96:130 Electricity providers, FTC urges FERC to examine competitive effects of partial acquisitions, 96:459 European Union
See also EU MERGER APPROVAL
Austrian Airlines, EU opens investigative state aid procedure on acquisition, 96:143 Electrabel fined for failing to obtain regulatory approval for merger, 96:602 Merger review control, EC adopts favorable report, 96:626 Oracle proposed acquisition of Sun, EC to investigate, 97:269 Flight services support, financial hardship no justification for change in divestiture requirement (D.D.C.), 96:352 France, national railway cleared to acquire freight company, 97:464 Germany, restrictions on combinations eased, 96:194 Grocery stores, court to weigh equities for enjoining Whole Foods/Wild Oats merger (D.D.C.), 96:41; data sought from rival markets to prove competition, 96:42; request to delay trials in 29 jurisdictions rejected (D.C. Cir.), 96:85; settlement reached, divestitures required, 96:237 Guidelines, DOJ and FTC to hold joint workshops on horizontal combinations, 97:323; Varney addresses workshop goals, 97:324 Hard disks, Toshiba cleared to acquire Fujitsu business by Asian authorities, 97:309 Health care
Cardiovascular surgical equipment, Getinge/Datascope deal approved, divestitures required (FTC), 96:113
Carilion Clinic, divestiture of outpatient facilities (FTC), 97:400 Consolidation, MedPAC provides report on competitive effects, 97:426 Hospitals, FTC official explains review and challenge considerations to conferees, 96:135 Left ventricular devices, FTC sues to block acquisition (FTC), 97:118; merger terminated, 97:146 Outpatient clinics, acquisition challenged, divestitures sought (FTC), 97:116 Plasma-derivative protein therapies, FTC seeks to block merger (FTC), 96:562 Scrutiny, panelists discuss effects on plan and provider market, 96:320
Coordinated review, Am. Hospital Ass'n urges Justice to conduct, 96:479
Cost, experience data (S.D.N.Y.), In Brief, 96:482 International review convergence, Varney points out areas needing further dialog to conferees, 97:342 Italy, no antitrust issue in Chrysler/Fiat merger, 96:75; Chrysler merger may mean other acquisitions present antitrust risk, 96:464; dealership networks, In Brief, 96:630 Japan
See JAPAN
Less-than-truckload freight companies, DOJ will not challenge collaborative activity, 97:289 Media chairman settles charges of premerger reporting and waiting violations (D.D.C.), 96:643 Mobile telephony
AT&T acquisition of Centennial, divestitures required (D.D.C.), 97:427
NTT DoCoMo seeks to acquire net mobile AG, 97:310 Pharmaceuticals
Impact on innovation, In Brief, 96:378
King Pharm./Alpharma, divestiture required (FTC), 96:14 Neonatal heart drug, manufacturer must defend monopoly suit (D. Minn.), 97:120 Pfizer/Wyeth merger challenged by pharmacies (N.D. Cal.), 97:226; FTC approves transaction, 97:422; Canada, divestitures required, In Brief, 97:437; pharmacies do not allege relevant market, 97:448; pharmacies cannot accelerate timetable, In Brief, 97:483 Road salt, divestitures required (FTC), 97:359 Semiconductors, merger challenge to be transferred to California (E.D. Va.), 96:236; divestitures required in settlement (C.D. Cal.), 97:200 United Kingdom
Aluminum
Conspiracy to boycott may be proven in part by hearsay (W.D. Okla.), 96:15
Sheathing, merging companies agree to divestitures (D.D.C.), 97:117 Steel
European Union
Compounds for steel makers, fines imposed for cartel, 97:99
Prestressed products, statement of objections sent to suppliers in suspected cartel, 96:142 South Africa, ArcelorMittal reaches settlement, faces possible fine, 97:373
Convention authority antitrust claims (W.D. Mich.), In Brief, 96:242
E-rate fraud, school superintendent indicted in conspiracy (W.D. Mich.), 96:564 Listing service, conspiracy and combination adequately pleaded (E.D. Mich.), 96:131
See ARMED SERVICES
Funeral homes, FTC announces results of undercover inspections, 96:296
Groundless claim, bar for determining is high, successful defense gets costs but not fees (D. Minn.), 97:44 Health care cooperatives, FTC staff warns of negative effects of antitrust exemption legislation, 96:299
Insurance brokerage multidistrict litigation, Mo. fee claims are sufficiently unique for remand (D.N.J.), 96:269; remand ordered, 97:61
Motor vehicles, franchisee has no claim re new dealership where statute delineates allowed radius (Mo.), 96:300
Army sergeant (D.N.J.), In Brief, 97:483
Home Depot official (N.D. Ga.), In Brief, 97:483
Canada, bill to end international postal monopoly introduced, 97:24
China
See CHINA
Mainframe investigation, DOJ issues investigative demands, 97:395
Memory technologies, alleged deception of standards-setting organization re patents is not anticompetitive (U.S., rev den), 96:184 Copier ink, prior agreement for arbitration to decide quality of non-brand-name product as defense for monopoly upheld (S.D.N.Y.), 96:350 Economic crisis, panelists discuss the role of antitrust enforcement on economy, 96:315 Electrical muscle stimulation devices, replacement electrodes are relevant market (E.D.N.Y.), 96:131 Enforcement in the Obama administration, Analysis and Perspective, 96:592 EU, Standard & Poor's faces charges over securities identification numbers, 96:72 France
Automobile breakdown services, new commitments ordered, 96:168
Gasoline, Competition Authority calls for tighter regulation of monopoly distribution, 97:22 Health care
See HEALTH CARE
Japan
See JAPAN
Marine salvage, two of three post-Katrina claims dismissed (E.D. La.), 96:163 Mergers Pharmaceuticals
Diabetes drug, direct purchasers have standing to assert monopoly claims (2d Cir.), 97:445
Epilepsy, company must defend claims of patent manipulation to prevent generic competition (D.N.J.), 97:260 Generic testosterone, monopoly claim challenging patent settlement may be transferred to court approving settlement (C.D. Cal.), 96:372 HIV booster drugs, settlement approved on finding of no antitrust injury (9th Cir.), 97:33 Neonatal heart drug, manufacturer must defend monopoly suit (D. Minn.), 97:120 Secondary wholesalers, claims against manufacturers and association dismissed (E.D.N.Y.), 97:357 Sweden, pharmacy monopoly to end, 96:195; legislature passes privatization bill, 97:50 Terazosin hydrochloride, improper extension by fraudulent patent acquisition claim may proceed (9th Cir.), 96:37 Policy, Varney promises vigorous enforcement, repudiates Bush-era report on §2 enforcement, 96:475 Printer ink sticks, challenger fails to prove exercise of monopoly power (S.D.N.Y.), 97:398 Racing tires, manufacturer cannot show antitrust injury, monopoly claims fail (W.D. Pa.), 97:322 Russian Constitutional Court limits antitrust agency powers to levy fines, 96:650 Search engines, In Brief, 97:298; groups urge rigorous review of Microsoft/Yahoo! deal by DOJ, 97:334 Ski rental, enforcing real estate covenant is not anticompetitive (10th Cir.), 96:180 Slovakia, EU to require implementation of decision on hybrid mail monopoly, 97:492 Software
Divestiture, failure to comply with order, In Brief, 97:237
Microsoft decree, Justice seeks extension (D.D.C.), 96:374 Table grapes, patent monopoly fraud by state commission, claim may proceed (E.D. Cal.), 96:206 Technology standards, patent monopolies, Special Report, 96:538 Telecommunications, PBX systems service providers claims may proceed (D.N.J.), 97:327 Utility vaults, use of exclusive supplier and partial developer reimbursement does not support antitrust claims (N.D. Cal.), 96:291 Web search advertising (9th Cir.), In Brief, 97:365
Consumer protection, federal and state officials meet to foster partnership, 97:288
Data protection
Dumpster disposal of sensitive information, mortgage broker cited (D. Nev.), 96:63
Gramm-Leach-Bliley violations found in handling of personal data, mortgage lender settles claims (FTC), 96:451
Coordinated crackdown on mortgage and foreclosure scams involves federal and state agencies, 96:351
Foreclosure rescue
Misrepresentations and false refund promises, settlement reached (M.D. Fla.), 97:233
Second mortgages, settlement reached in scheme preying on homeowners (N.D. Ill.), 96:457 Upfront fees charged, enforcement actions filed (D.D.C., C.D. Cal.), 97:286 Hispanic consumers, FTC charges lender with charging higher prices (C.D. Cal.), 96:479 Loan modification scheme, FTC wins injunctive relief (D.N.J.), 96:294 Modification scams, coordinated enforcement effort yields actions, 97:60 Study, housing downturn contributes to spike in fraud, FBI finds, 97:42 Prescreened offers, lender agrees to comply with FCRA (C.D. Cal.), 97:203 Telemarketing
Do Not Call Rule violations, financial services firm settles charges (C.D. Cal.), 97:147
Marketer of mortgage-purchase method, judgment upheld (9th Cir.), 96:271
DVDs, boycott claim by distributor, suit against studio may proceed (D. Del.), 97:197
Ambulance services
Declaratory relief, claims may proceed (E.D. Mich.), 97:356
Exclusive zones ordinance not restraint of trade (E.D. Mich.), 97:355 Garbage trucks, federal antitrust conspiracy claims against manufacturer dismissed, Fla. state claims may proceed (E.D. Pa.), 96:598 Less-than-truckload freight companies, DOJ will not challenge collaborative activity, 97:289 School bus services, Canadian Competition Bureau secures prohibition orders for price fixing and bid rigging, 96:196
Canada
Imports to U.S., 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
Arbitration, provision mandating arbitration on initiation by either party found valid (E.D. La.), 96:516
CARS program abuse, consumer organization urges Transportation Dept. to protect new vehicle buyers, 97:169 Delinquent franchisee, no automatic stay for suit filed after termination of agreement (E.D.N.Y.), 97:339 Exclusivity provision may not be enforced by GM against dealer planning additional brand offering (D.N.J.), 96:569 Jurisdiction, challenge to dealer incentive program must be heard in state court (E.D.N.Y.), 96:191 Motorcycles, counterclaim by franchisee based on contract breach may proceed (N.D.N.Y.), 96:647 N.H., snowmobiles, state dealership act trumps forum selection clause (N.H.), 97:242 Opt-out consumers may not intervene in consent judgment (Alaska), 97:124 Retrospective release of claims against manufacturer not prohibited by statute (11th Cir.), 96:68 Siting of new dealership, franchisee has no claim where statute delineates allowed radius (Mo.), 96:300 EU, roundtable discussion of block exemption held, 96:141; EC considering future legal framework for distribution and after sale agreements, 97:102 Fla., Lemon Law, no recovery for attorneys' fees (Fla. Dist. Ct. App.), 97:154 France, breakdown services, new commitments ordered, 96:168 Fuel
See OIL AND GAS
Insurance
Loss protection system is not insurance, lack of damages voids warranty claim (N.J. App. Div.), 96:514
Repair volume discounts (9th Cir.), In Brief, 96:299 Valuation software, merger enjoined (D.D.C.), 96:261 N.J., registration fee overcharges, pre-suit demand for refund not prerequisite for claim (N.J.), 96:221 Pleadings, claimants should be allowed to remedy deficiencies before final judgment (Alaska), 97:125 Racing tires, manufacturer cannot show antitrust injury, monopoly claims fail (W.D. Pa.), 97:322 Robocalls for vehicle service contracts, settlement reached (N.D. Ill.), 97:265 Sweden, vehicle inspections, bill to deregulate, 97:413 Towing lien, collector not authorized by FCRA to obtain credit report (9th Cir.), 96:506 Transmission manufacturer, damages expert opinion fails reliability test, excluded (D. Del.), 97:232; concerted action inference not enough to admit coconspirator hearsay, 97:332 Used Chryslers, FTC reviewing petition for post-bankruptcy warning labels, 97:87 Wisconsin
Lemon law, lessee who files suit and purchases not entitled to damages (Wis.), 97:94
Unauthorized repairs, pecuniary loss is entire amount of charges (Wis. Ct. App.), 96:483
See MOTION PICTURES
Airline baggage fees, suits consolidated (M.D. Fla.), 97:141
Arbitration, law of the case requires MDL transferee judge to honor order to compel (3d Cir.), 97:361 Insurance brokerages, fee claims are sufficiently unique for remand (D.N.J.), 96:269; remand ordered, 97:61 Packaged ice, lead counsel in class action appointed (E.D. Mich.), 96:588 Settlement opt-out, extension granted for excusable neglect (D.N.J.), 97:205; state proceedings, In Brief, 97:298
Concert tickets, Senate panel examines proposed Ticketmaster/Live Nation merger, 96:182; UK, proposed merger referred to Competition Commission, 96:606
EU, roundtable discusses reducing barriers in online distribution, 96:545 Instruments, merchant group settles claims of unfair competition (FTC), 96:214 Japan, oligarchy charges to be brought against royalty collection agencies, 96:168 MP3 players, tortious interference claims against Apple may proceed (W.D. Ark.), 97:406 Ringtones, internet previews infringe copyright (S.D.N.Y.), 96:205; interim license fees, In Brief, 96:408 YouTube, interim ASCAP fees (S.D.N.Y.), In Brief, 96:512 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |