Antitrust & Trade Regulation Report Index-Summary

MACHINERY

See INDUSTRIAL EQUIPMENT AND MACHINERY

MAGNUSON-MOSS WARRANTY ACT

MAIL AND DELIVERY SERVICES

– Canada, bill to end international monopoly introduced, 97:24
– Slovakia, EU to require implementation of decision on hybrid mail monopoly, 97:492

MARITIME INDUSTRY

See SHIPS AND SHIPPING

MARKETING

See ADVERTISING

MARYLAND

– 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

MASSACHUSETTS

– 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

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDIA

See NEWS MEDIA

MEETINGS

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

MERGERS AND ACQUISITIONS

– 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

– Aluminum sheathing, companies agree to divestitures (D.D.C.), 97:117
– 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

– Automotive loss valuation software, merger enjoined (D.D.C.), 96:261
– 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

– Challenges, Center for Am. Progress report urges Justice to litigate more cases, 96:476
– 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

– China

See CHINA

– Concert tickets, Senate panel examines proposed Ticketmaster/Live Nation merger, 96:182; UK, proposed merger referred to Competition Commission, 96:606
– 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

– Failing firm defense, OECD calls for economic principles in assessment, Special Report, 97:484
– 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

– Health insurance

– – Coordinated review, Am. Hospital Ass'n urges Justice to conduct, 96:479
– – Cost, experience data (S.D.N.Y.), In Brief, 96:482

– Hostile bids, panelists discuss role of target company, 96:358
– 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

– Legal tests, OECD committee discusses shift in international laws, 97:72
– 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

– Newspapers, industry makes case for expedited review before congressional panel, 96:395
– 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

– Pharmacies, In Brief, 97:266
– 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

See UNITED KINGDOM (UK)

METALS

– 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

– Scrap metal processors, class members had adequate notice of partial settlement, jury instructions on tolling of limitations period was proper (U.S., rev den), 96:319
– 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

– – Restraint of trade, allegations of parallel conduct based on circumstantial evidence survive motions to dismiss (N.D. Ill.), 96:639
– – South Africa, ArcelorMittal reaches settlement, faces possible fine, 97:373

MICHIGAN

– 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

MILITARY

See ARMED SERVICES

MINNESOTA

– 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

MISSOURI

– 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

MONEY LAUNDERING

– Army sergeant (D.N.J.), In Brief, 97:483
– Home Depot official (N.D. Ga.), In Brief, 97:483

MONOPOLIZATION

– Canada, bill to end international postal monopoly introduced, 97:24
– China

See CHINA

– Computers

– – 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

– Concert recordings (S.D.N.Y.), In Brief, 96:460
– 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

– Genetically modified seeds, monopoly claims may be amended, new claims may not be added (E.D. Mo.), 96:449
– Health care

See HEALTH CARE

– Internet registry services, claims re no-bid .com deal may proceed, claims re .net deal based on competitive bidding process fail (9th Cir.), 96:583
– Japan

See JAPAN

– Kevlar, repleading of geographic market allowed (E.D. Va.), 97:289
– Marine salvage, two of three post-Katrina claims dismissed (E.D. La.), 96:163
– Mergers

See MERGERS AND ACQUISITIONS

– NFL and teams constitute single entity (U.S., rev sought), 96:184; (rev grant), 97:5
– 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

– Pineapple, class action fails to define market (S.D.N.Y.), 97:390
– 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

– South Korea, mobile phones, Fair Trade Commission imposes monopoly fine on Qualcomm, 97:99
– 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

MORTGAGES

– 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

– Fraud

– – 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

– – FTC role, In Brief, 96:298; expansion of authority to regulate unfair or deceptive practices, 96:454; rulemaking, comments sought, 96:558
– – 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

– Nonbank brokers and servicers, FTC rulemaking to include stakeholder questions, 96:324
– 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

– Truth in Lending Act

See TRUTH IN LENDING ACT (TILA)

MOTION PICTURES

– DVDs, boycott claim by distributor, suit against studio may proceed (D. Del.), 97:197

MOTOR CARRIERS

– Ambulance services

– – Declaratory relief, claims may proceed (E.D. Mich.), 97:356
– – Exclusive zones ordinance not restraint of trade (E.D. Mich.), 97:355

– Canada, study finds deregulation and competition are key to productivity gains, 97:21
– 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

MOTOR VEHICLES

– 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

– Dealerships

– – 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

– Emergency vehicles, homeland security vendors sentenced on honest services and wire fraud charges (M.D. Fla.), 96:114
– 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

– Germany, state aid draws EU statement, 97:307
– 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

– Italy, 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
– 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

MOVIES

See MOTION PICTURES

MULTIDISTRICT LITIGATION (MDL)

– 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

MUSIC

– 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