Antitrust & Trade Regulation Report Index-Summary

OECD

See ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD)

OFFICE SUPPLIES

– Copier parts and services submarket, injuries, and causation adequately alleged in antitrust and RICO claims (U.S., rev den), 96:617
– Ink for copiers, prior agreement for arbitration to decide quality of non-brand-name product upheld (S.D.N.Y.), 96:350
– Printer ink sticks, challenger fails to prove exercise of monopoly power (S.D.N.Y.), 97:398

OHIO

– Funeral homes, FTC announces results of undercover inspections, 96:296
– Jurisdiction

– – Dog breeders allege sufficient facts to satisfy long-arm statute (S.D. Ohio), 96:374; leave to amend complaint granted, 97:234
– – Electricity, rebate challenge must be heard by utilities commission (S.D. Ohio), 96:397

– Telemarketing, private enforcement of technical violations not authorized, claims dismissed without prejudice to refiling in state court (S.D. Ohio), 96:215

OIL AND GAS

– Canada

– – Cartel guilty plea, In Brief, 96:361; additional guilty plea, In Brief, 97:493
– – Price fixing, In Brief, 96:283; additional guilty pleas, In Brief, 96:546; discharge received, In Brief, 97:270
– – Service stations, divestitures required in merger, 97:102; divestiture completed, 97:269

– Fair market value action, Texas may intervene for distribution of unclaimed funds (5th Cir.), 96:566
– FERC interpretation of markets (D.C. Cir.), In Brief, 96:19
– France

– – GDF Suez offers commitments to offset dominant marketing position, 97:75
– – Monopoly distribution, Competition Authority calls for tighter regulation, 97:22

– Germany, EC accepts divestitures by firm accused of dominance, 96:281
– Italy

– – Market penetration, Italian Senate debates limits of single companies, 96:360
– – Natural gas refineries, Eni agrees to divestiture, drops appeal, 96:143
– – Pipeline management, EC sends statement of objections to Eni group, 96:282; Italy defends pricing structures on national security grounds, 96:306

– Jurisdiction, control over natural gas subsidiaries not proved by facts, claim dismissed (D. Nev.), 96:244
– Marine hose

– – EU, cartel members fined, 96:100
– – French company settles charges (S.D. Fla.), 96:429

– Motor vehicle fuel

– – Alaska, pricing probe finds no wrongdoing, 96:162
– – CARB gas, wholesaler restraint of trade claims may proceed (9th Cir.), 96:369
– – Price discrimination, no evidence of interstate commerce (9th Cir.), In Brief, 96:19
– – Pricing, mandatory markup is unconstitutional (E.D. Wis.), 96:160; state will not appeal invalidation, 96:246; gasoline retailers may intervene to appeal, 97:238
– – Temperature expansion, standing question intertwined with substantive claim, dismissal improper (D. Kan.), 96:138

– Natural gas

– – Expert witnesses, economic methodology reliable and may go to jury (S.D.W. Va.), 96:371
– – Jurisdiction over parent company established via subsidiary (D. Nev.), 96:295

– OAO Lukoil cleared to acquire Dow Refinery Business, In Brief, 97:159
– Price-fixing suit against OPEC and CITGO dismissed for lack of subject-matter jurisdiction (S.D. Tex.), 96:49
– Price gouging (3d Cir.), In Brief, 97:404
– Railroad fuel surcharges, state price-fixing claims preempted, federal antitrust claims survive (D.D.C.), 96:61; proposals for bifurcated and phased discovery rejected, 97:38
– Rating Rule, FTC seeks comments, 96:190
– Service station franchising

– – Actual termination required for injunctive relief (7th Cir.), 97:211
– – Condemnation of property, state requirement to pay goodwill not preempted by PMPA (Cal. Ct. App.), 97:490
– – Constructive nonrenewal of franchisee lease, circuit split (U.S., rev grant), 96:625
– – Eviction for nonpayment of rent may be lease expiration, wrongful termination claims dismissed (D.P.R.), 97:456
– – Exclusive territory, oral promises barred from evidence by parol evidence rule (6th Cir.), 96:485
– – Mini markets, requirement to renew agreements with gas station agreement question for trier of fact (E.D. Cal.), 97:457
– – Preemption by PMPA, nature of claims must be clarified (D.N.H.), 97:267
– – Rebranding, franchisee cannot prove constructive termination (D.N.J.), 96:279
– – Termination does not require bona fide offer to purchase, evidence of damages conflicting (D. Ariz.), 96:116

– Vertical relationships, OECD report finds little benefit to mandatory unbundling, 96:627
– Wholesale petroleum, FTC solicits comments on anti-manipulation rules, 96:398; FTC nears completion on rule with broad oversight, 96:535; rule to prevent manipulation adopted, 97:141

OREGON

– Price fixing, Governor signs bill allowing indirect purchasers to recover illegal overcharges, 96:624

ORGANIZATION FOR ECONOMIC COOPERATION AND DEVELOPMENT (OECD)

– Banking, recommendations for easing solvency crisis released, 97:48
– Bid rigging guidelines released, 96:248
– Failing firm defense, OECD calls for economic principles in assessment, Special Report, 97:484
– Privacy, conference to be sponsored by FTC, OECD, and APEC, 96:249