Antitrust & Trade Regulation Report Index-Summary

MAIL AND DELIVERY SERVICES

– European Union (EU) clears plan for full deregulation of postal services, 94:143
– FTC reports that U.S. Postal Serv. operates under competitive disadvantage, 94:51
– Germany, EU endorses reduced aid package for DHL, 95:22
– Internet access, E-Rate program bid rigging and fraud, consultant sentenced (N.D. Cal.), 94:295
– Italy, Poste Italiane

– – Proposed policy changes accepted, 94:259
– – State aid approved by EU, 94:452

– Merger, DHL/UPS plan for handling air cargo challenged as de facto merger, 95:264
– Slovakia, EU probes hybrid delivery, 95:346
– Unordered merchandise, private remedies (U.S., rev den), 95:332

MAINE

– Tobacco industry

– – Light and low tar claims, preemption by cigarette labeling law (U.S., rev grant), 94:80; oral arg. set, 95:317; oral arg, 95:339
– – Truck delivery of tobacco products to minors preempted (U.S., aff), 94:185

MANUFACTURERS

– Canada, pipe firm, dominance case settled with new rebate program, 94:26
– Italy, press equipment maker, use of state aid probed, In Brief, 94:408
– Price fixing, automotive refinishing paint settlements approved (E.D. Pa.), 94:13
– Resale price maintenance, FTC sets workshop series, In Brief, 95:403
– Round thermostat purchaser may sue Honeywell for monopolization (Vt. Super. Ct.), 94:557

MARITIME INDUSTRY

See SHIPS AND SHIPPING

MARKETING

– Advertising services companies, restraint of trade and monopolization claims must define relevant market, summary judgment proper (N.D. Ga.), 95:362
– Automated dialing systems, TCPA issue certified to U.S. Atty. Gen. (10th Cir.), 94:239
– Canada, performance claims rules upheld, 94:196
– Children targeted to ads for soda, fast food, and cereal, FTC report finds, 95:111
– Debit cards, prepaid, deceptive marketing charges settled (C.D. Cal.), 94:77
– Deceptive practices, “stainless steel” clothes dryer claims, class certification improper (7th Cir.), 95:410
– Fax ads

See FAXES

– Fraud

See FALSE ADVERTISING; SPAM

– Infomercials

See TELEVISION

– Italy

– – Advertising policies of utilities probed, 94:564
– – Dominance complaint filed against Prime Minister, 95:417

– Labels

See PACKAGING AND LABELING

– Online

See INTERNET

– Pharmaceuticals

See PHARMACEUTICALS

– Resale price maintenance, FTC sets workshop series, In Brief, 95:403
– Telemarketing

See TELEMARKETING

– Tobacco

See TOBACCO INDUSTRY

MASSACHUSETTS

– Building, Honeywell thermostat buyers, class certification denied (Mass. Super. Ct.), 94:166
– False advertising, Listerine users, class lacks similarity (Mass. App. Ct.), 94:276
– Oil and gas, Shell franchise rent rises after assignment, damages upheld (1st Cir.), 94:474

MEDIA

– Canada

– – Media ownership restrictions, new approach outlined, 94:61
– – Public hearings, Internet broadcast distribution regulations, In Brief, 95:392

– Finland, state aid for media pluralism program cleared, 94:539
– Italy

– – Advertising, dominance complaint filed against Prime Minister, 95:417
– – Microsoft share acquisition of Greenfield Online, competition commission investigates, In Brief, 95:348

– Media ownership, disapproval of rule to ease 1975 ban

See LEGISLATION, FEDERAL, SJRes 28

– Movies

See MOTION PICTURES

– Radio

See RADIO

– TV

See CABLE TELEVISION; TELEVISION

– Video games, Grand Theft Auto, class decertified for lack of predominance (S.D.N.Y.), 95:166

MEETINGS

See CONFERENCES AND MEETINGS
– Ed. Note: A list of upcoming conferences and meetings appears at the end of each issue.

MERGERS AND ACQUISITIONS

– Approvals

See EU MERGER APPROVAL; specific industries

METALS

– Jewelry guides, FTC seeks comments on platinum. In Brief, 94:217; comment period extended, In Brief, 94:422
– Mergers

– – Industrial storage tanks, Chicago Bridge & Iron illegally acquired Pitt-Des Moines assets (5th Cir.), 94:105
– – South Africa, BHP Billiton may acquire Rio Tinto, 95:389

– Price fixing, magnetic iron oxide settlement with Toda firms approved (N.D. Cal.), 95:191
– Supplier allocation scheme, scrap metal dealer and owner indicted (N.D. Ohio), 94:133

MICHIGAN

– Funeral industry, tying claims over Mich. burial marker and installation properly dismissed (6th Cir.), 94:463
– Furniture, resale price maintenance claims against Herman Miller settled (S.D.N.Y.), 94:374
– Health care, appellate brief failed to address market or injury, B&H Med. sanctioned (6th Cir.), 94:489
– Oil and gas, failure to renew franchise pact, lost profits awarded (E.D. Mich.), 94:142

MICROSOFT LITIGATION

– Compliance, some deadlines extended (D.D.C.), 94:187; compliance report by DOJ and state attorneys general issued, 95:289
– European Union (EU)

– – Dominance probe opened, 94:62
– – Interoperability standards, EU probes Microsoft compliance, 94:279; compliance studied, 94:562
– – Noncompliance with 2004 ruling fined, 94:223; Microsoft to appeal fine, 94:503

– Japan finds Windows license clause anticompetitive, 95:299
– Overcharging for Vista, nationwide class certified (W.D. Wash.), 94:237
– Standing, Novell may sue Microsoft for harm to competition in operating systems market (U.S., rev den), 94:293

MILITARY

See DEFENSE INDUSTRY

MINING

– Diamonds, rough, De Beers settlement with direct and indirect purchasers approved (D.N.J.), 94:594
– Italy, EU refers state aid issue to court, 94:169
– Slovakia, gravel and stone, EU bars tax exemptions for Alas Slovakia, 94:583
– South Africa, BHP Billiton may acquire Rio Tinto, 95:389

MINNESOTA

– Attorneys, in-house, may not sue employer under whistleblower law (Minn. Ct. App.), 94:602

MISSOURI

– Coca-Cola, fountain and bottled, class fraud suit barred (Mo.), 94:472
– Motor vehicles, Audi dealer challenge to startup of new facility revived (Mo. Ct. App.), 95:75
– Pharmaceuticals, parent firm has no contact with Mo. based on subsidiary acts (E.D. Mo.), 94:300

MONEY LAUNDERING

– Prevention, database not anticompetitive, DOJ finds, 95:10

MONOPOLIZATION

– Advertising services companies, claim must define relevant market, summary judgment proper (N.D. Ga.), 95:362
– Agriculture, corn seed grower class, denial of certification upheld (3d Cir.), 94:371
– Attorneys, refusal to allow law practice dismissed (D.S.C.), In Brief, 94:470
– Bail bonds, conspiracy complaint against sheriff sufficient to survive dismissal (E.D. La.), 95:316
– Building, Honeywell thermostat buyers, class certification denied (Mass. Super. Ct.), 94:166
– Cable television, Tex., incumbent operators direct harm claims may proceed (5th Cir.), 94:164
– Cellular telephones, Apple iPhone, interim counsel appointed for consolidated case (N.D. Cal.), 94:416
– Chemicals, legal fees awarded in patent case despite loss of monopoly claims (D. Colo.), 94:322
– China, anti-monopoly law discussed at ABA meeting, 94:357; law takes effect, 95:146; review process established, 95:219
– Credit cards, conspiracy plaintiffs may challenge compulsory arbitration (2d Cir.), 94:439
– Credit scoring, claim against credit bureaus by Fair Isaac may proceed (D. Minn.), 94:320
– Dental care

See DENTAL CARE

– DRAM case

See SOFTWARE

– Electronic commerce, eBay must defend claims (N.D. Cal.), 94:271
– Food

– – Ice making machines, Manitowoc must divest in bid for Enodis (D.D.C.), 95:335
– – Kosher market, terminated distributor lacks standing (S.D.N.Y.), 94:253

– Health care

See HEALTH CARE

– Internet services

– – Google/Yahoo advertising agreement, investigation delays deal, 95:337
– – Wholesale price squeeze claim, Solicitor Gen. view sought, 94:75; (U.S., rev grant), 94:645

– Japan

– – Amendments to anti-monopoly law submitted, 94:302
– – Surcharges, more imposed, report says, 94:561
– – Trade Ministry seeks extraterritorial application of anti-monopoly law, 94:62

– Korea, consent order proposal praised by ABA sections, 94:503
– Mail and delivery services, Slovakia, EU probes hybrid delivery, 95:346
– Motor vehicles

See MOTOR VEHICLES

– Office equipment, Newcal claim that IKON exploited copier contracts to gain market power may proceed (9th Cir.), 94:97
– Pharmaceuticals

See PHARMACEUTICALS

– Round thermostat purchaser may sue Honeywell (Vt. Super. Ct.), 94:557
– Rubber chemicals, Korean firm fails to allege antitrust injury in U.S. 6PPD market (N.D. Cal.), 94:340
– Semiconductors

See SOFTWARE

– Ships and shipping, Oahu stevedoring firm many amend predatory hiring claim (D. Haw.), 94:646
– Single-firm conduct, DOJ report released, 95:227
– Software, telecom PBX maker must defend claims brought by service provider (D.N.J.), 95:259
– Sports

See SPORTS

– Sweden, Boxer TV monopoly abolished, EU drops court case, 94:582
– Telecommunications

See TELECOMMUNICATIONS

– Training services, child care providers, insufficient market definition, dismissal proper (2d Cir.), 95:376
– Unilateral conduct, DOJ official discusses enforcement, 95:287
– Viewpoint, turning upon competitors who win, 94:121
– Wood pallet recyclers may proceed with case (W.D. Ark.), 95:234

MONTANA

– Electricity, Mont. attorney general appeal of Cal. settlements denied (Cal. Ct. App.), 94:448
– Real estate, Mont. bar on rebates repealed, 94:352

MORTGAGES

– Credit repair, mortgage firm liable under CROA (N.D. Ill.), In Brief, 94:218
– Credit reports, willfulness of FCRA violation by mortgage insurer (U.S., judg vac), 94:596
– Deceptive lending practices, FTC probes continue, 94:595
– Disclosure forms discussed at FTC meeting, 94:555
– Foreclosure and FDCPA, homeowner association attorney fees exceed state law, In Brief (U.S., rev den), 95:364
– Foreclosure rescue scams, six Fla. firms charged (N.D. Ill.), 94:244; two additional complaints filed (E.D. Tex.), 94:248
– Italy

– – Competition abuses among banks found, 95:172
– – Plan to allow homeowners to switch lenders cleared, 94:582

– Subprime mortgage lending

– – Germany, EU approves state rescue aid, 94:452
– – Senate panel hearing held on scams, 94:443

– Telemarketing, voice broadcaster charged automatically dialing 46 million consumers settles case (C.D. Cal.), 94:106

MOTION PICTURES

– European Union (EU) proposes models for greater access to online music, films and games, 94:28
– Home theaters, amplifier rule revision, FTC seeks comments, In Brief, 94:218
– Spain, EU probes state aid for Ciudad de la Luz film studio, 94:168
– United Kingdom (UK)

– – Lovefilm may acquire Amazon DVD rental business, 94:404
– – North London cinema merger probed, In Brief, 94:305

– United Kingdom (UK) probes proposed joint venture for video on demand, 95:19

MOTOR VEHICLES

– Appeals, limiting record of jurisdiction ruling improper (Wis. Ct. App.), 94:497
– Attorney mishandling of settlement funds, state consumer law inapplicable (Pa.), 94:81
– Canada

See also Export conspiracy, Canadian cars, this heading
– – Insurance, British Columbia agency not anticompetitive, 95:218

– Dealer disputes

– – Audi dealer challenge to startup of new facility revived (Mo. Ct. App.), 95:75
– – Honda, dismissal of protest on new dealership proper (N.J. App. Div.), 94:189
– – Kia, dealer release agreement bars state franchise claim (Ala.), 94:579
– – Mack truck dealer may bring conspiracy claim against manufacturer (3d Cir.), 94:643
– – Mercedes Benz, terminated dealer failure to disclose calculation precludes damages testimony (D.N.J.), 95:321
– – Truck blower dealer may recover damages for notice violation (W.D. Wis.), 95:43
– – Volvo, federal court specifies forum for termination dispute (E.D. La.), 94:252

– European Union (EU)

– – Motor vehicle block exemption, report issued, 94:560
– – Romanian aid for Ford projects supported, 94:454

– Export conspiracy, Canadian cars

– – Certification of nationwide class reversed (1st Cir.), 94:355; licensees as indirect purchasers lack claim, 95:46
– – Volkswagen must defend charge (W.D. Wash.), In Brief, 94:471

– False advertising, FTC seeks comments on used car sales rule, 95:68
– France, state aid for engine efficiency research approved, 94:630
– Hyundai recall exclusion, no private right of action under P.R. law (U.S., rev den), 94:448
– Nissan, clear contract terms bar wrongful termination claim (D.N.M.), 95:125
– Oil and gas

See OIL AND GAS

– Predatory pricing

See PREDATORY PRICING

– Price bias

– – Distributor case may proceed with amended product market definition (D. Mich.), 94:388
– – Ford Blue Oval Program, dealer class decertified (3d Cir.), 95:294
– – Transmission repair shop franchisees fail to state federal claims (E.D. Pa.), 94:328

– Price fixing

– – Electrical carbon products, assignment of claims through stock purchase creates standing (D.N.J.), 95:383
– – Refinishing paint settlements approved (E.D. Pa.), 94:13

– Repairs

– – Boycott claim against insurer by glass repair shop lacks relevant market (10th Cir.), 95:59
– – Mechanics lien, car loan assignee lacks claim against title firm (N.D. Ill.), 94:648

– Tobacco, truck delivery of tobacco products to minors preempted (U.S., aff), 94:185
– Tying of fuel pumps and modules, claims dismissed (S.D. Tex.), 94:157
– Warranties, Volvo buyer failed to show breach of warranty damages (U.S., rev den), 94:6

MUSIC

– European Union (EU)

– – Apple iTunes, price gap for music downloads closed, 94:31
– – Online music, films and games, EU proposes models for greater consumer access, 94:28

– Price bias claims against CD wholesale and retail markets too individualized for class suit (C.D. Cal.), 94:39
– Price fixing, Internet digital music recording sales, parallel conduct claims insufficient for conspiracy (S.D.N.Y.), 95:399