Antitrust & Trade Regulation Report Index-Summary

PACKAGING AND LABELING

– Alcohol content information labeling rule, FTC staff offers comments, 94:108
– Appliances, metal halide lamps, FTC approves label, In Brief, 94:298; labeling rule to include metal halide lamps, 95:10
– Biodiesel fuel labeling, FTC proposed ratings to be published, In Brief, 94:249; final changes adopted to fuel rating rule, 94:624
– Canada, Competition Bureau issues new draft on corporate compliance, 94:403; bulletin published, 95:420
– Environmental packaging, Green Guides

See ENVIRONMENT

– Jewelry Guides

See JEWELRY

– Labelstock case, label makers must defend pricing allegations (M.D. Pa.), 95:8; settlement approved, 95:184
– Lighting

– – Light bulb labels, FTC seeks comments, 95:86
– – Metal halide lamps

See APPLIANCES

– Linerboard case, legal fee dispute does not require recusal of judge (E.D. Pa.), 95:85
– Merger, Altivity/Graphic Packaging Intl., paperboard mills divestitures ordered (D.D.C.), 94:240
– Tobacco, 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

PAPER INDUSTRY

– Germany, state aid for paper mill authorized, 94:376
– Labelstock case, label makers must defend pricing allegations (M.D. Pa.), 95:8; settlement approved, 95:184
– Merger, Altivity/Graphic Packaging Intl., paperboard mills divestitures ordered (D.D.C.), 94:240

PATENTS

– Chemicals, legal fees awarded in infringement case despite loss of monopoly claims (D. Colo.), 94:322
– Health care, human papilloma virus test kit patent holder defeats antitrust counterclaims (W.D. Wis.), 94:103
– Pharmaceuticals

See PHARMACEUTICALS

– Software

– – DRAM case

See SOFTWARE

– – Ethernet standard, refusal to license, unfairness doctrine applied (FTC), 94:71; comment period extended, In Brief, 94:184
– – FTC cannot show Rambus excluded rivals by not disclosing patented technology (D.C. Cir.), 94:415
– – Private Rambus case, patent claim, motion to limit expert testimony denied (N.D. Cal.), 94:209

– Ultra high frequency radio frequency identification (UHF RFID), DOJ allows pooling arrangement, 95:381

PENNSYLVANIA

– Attorney mishandling of settlement funds, state consumer law inapplicable (Pa.), 94:81
– Credit cards, punitive damages and other relief not available under FDCPA (M.D. Pa.), 95:336
– Pharmaceuticals, Provigil, FTC action transferred to federal court in Pa. (D.D.C.), 94:467
– Telecommunications, Verizon/MCI merger authorization by state Public Utility Comm'n reinstated (Pa.), 94:19
– Tobacco, smokeless, plaintiff must show reliance on deceptive statements (3d. Cir.), 95:168

PENSIONS

– France Telecom pension financing subject to state aid probe, 94:534

PETROLEUM

See OIL AND GAS

PHARMACEUTICALS

– Antitrust exemptions

– – Generic drugs

See Generic drugs, this heading

– – Independent pharmacies

See LEGISLATION, FEDERAL, HR 971

– – Price bias

See Price bias, this heading

– Attorney malpractice, drug maker claims of bad advice may proceed (N.D.W. Va.), 94:20
– Bundled discounts for HIV drugs, monopoly claims may proceed (N.D. Cal.), 94:441
– Credit cards, five pharmacies denied inclusion in Interchange suit (E.D.N.Y.), 95:187
– European Union (EU) conducts unannounced inspections at manufacturing facilities, 94:60; sanofi-aventis probed, 94:581
– False advertising

– – Hormone replacement products, online marketer settles efficacy claims (FTC), 94:47
– – Prescription drugs and herbal supplements, FTC obtains temporary restraining order (N.D. Ill.), 95:360
– – Vioxx, Merck settles 29-state probe, 94:529

– Generic drugs

– – Arava, delayed entry, manufacturer cannot invoke Noerr-Pennington immunity (S.D.N.Y.), 94:129
– – Cipro, competitor agreement effects properly found within “exclusionary zone” of Bayer patent (Fed. Cir.), 95:355
– – FTC reports on payments to delay entry of generic drugs, 94:551
– – Lorazepam, damages incurred for restraint in generic entry (D.D.C.), 94:205
– – Miralax maker shielded against sham patent claims (D. Del.), 95:162
– – Ovcon contraceptive, states announce settlement with Barr Pharm. (D.D.C.), 94:220; partial settlement approved, 95:62
– – Provigil, FTC charges Cephalon with trying to block generic until 2012 (D.D.C.), 94:158; case transferred to federal court in Pa., 94:467
– – Tiazac, wholesaler challenge in invalid patent case denied summary judgment (D.C. Cir.), 95:137
– – TRICOR

– – – Pharmacy and indirect purchaser classes certified to challenge manufacturer (D. Del.), 95:232; summary judgment on sham litigation denied, 95:331
– – – Tenn. plaintiffs' attempt to evade federal jurisdiction rejected, remand to state court denied (E.D. Tenn.), 95:315

– – Wellbutrin, manufacturers of different formulation of same drug not related (E.D. Pa.), 95:159

– Marketing, aggressive, for Nexium not anticompetitive (D.D.C.), 94:208
– Mergers

– – Fresenius/Daiichi Sankyo deal to reduce dialysis drug payments, revision needed (FTC), 95:265
– – Sun/Taro Pharm. Indus., divestitures required (FTC), 95:186

– Monopolization

– – Norvir price hike, Abbott Labs. must defend charges (N.D. Cal.), 94:549; interlocutory appeal will effectuate settlement of pricing claims, 95:263
– – Sweden to abolish drug monopoly, 94:534

– Overcharging conspiracy claim lacks allegation of antitrust injury (D. Mass.), 95:241
– Price bias

– – Discount drugs, HMO proposal exempt from Robinson-Patman Act, FTC says, 94:161
– – Jurisdiction, parent firm has no contact with Mo. based on subsidiary acts (E.D. Mo.), 94:300
– – Pharmacies did not show antitrust injury for damages or injunctive relief (E.D.N.Y.), 94:9

– Price fixing, pass-on defense recognized as affirmative defense (Cal. Ct. App.), 95:117

PHISHING

– Contempt, MySpace users subjected to phishing and other scams, advertiser charged with violating 2006 bar (D.N.H.), 94:109
– FTC roundtable scheduled, In Brief, 94:324; report issued, 95:66
– Tax refunds and stimulus checks, identity theft scams reported, 95:38

PLEADINGS

– Boycott claim against insurer by auto glass shop lacks relevant market (10th Cir.), 95:59
– Computers, restatement of deception claims against Dell required (N.D. Cal.), 95:71
– Contracts, civil investigative demand, enforcement criteria set (Ind.), 94:577
– Credit cards, discount and interchange fees, pleading deficiencies doom suit against Visa and MasterCard (9th Cir.), 94:267
– Milk, dairy farmer pricing claims against sellers

See AGRICULTURE

– Rubber chemicals, Korean firm fails to allege antitrust injury in U.S. 6PPD market (N.D. Cal.), 94:340
– Ships and shipping, Oahu stevedoring firm many amend predatory hiring claim (D. Haw.), 94:646
– Sports, USGA conformity rules, golf club designer may amend claim (D. Del.), 94:597
– Trade secrets of software program, government contractor failed to state claim (M.D. Ga.), 95:163

POLAND

– Shipyards, state aid plan submitted to EU, 94:634; Kroes discusses aid with government and unions, 94:657; EU and Polish officials discuss aid, 95:51; Kroes rejects plan, proposes solution, 95:391
– Telecommunications, Telekomunikacja Polska dominance abuse investigated, In Brief, 95:421
– TV sets, liquid crystal display assembly, state aid for Sharp Mfg. approved, 94:658

POSTAL REORGANIZATION ACT

– Unordered merchandise, private remedies (U.S., rev den), 95:332

PREDATORY PRICING

– Canada, new guidelines issued, 95:97
– Food

– – Discount bundling of food and gas valid under Colo. law (10th Cir.), 94:445
– – Kosher market, terminated distributor lacks standing (S.D.N.Y.), 94:253

– Motor vehicles

– – Auto body parts, joinder denied for alleged co-conspirators (S.D. Ohio), 95:184
– – Labor costs, below-cost, class certification approved (Conn.), 94:601

PREEMPTION

– Air travel

See AIR TRANSPORTATION

– Alcoholic beverages, unilateral restrictions on wine and beer sales not barred (9th Cir.), 94:138; rehearing denied, In Brief, 94:396
– Credit reports, FCRA preemption of defamation and privacy claims interpreted (11th Cir.), 94:182
– Insurance contract bid rigging, state may pursue parens patriae damages claim (Conn.), 94:393
– Oil and gas, contested natural gas sales falling outside FERC authority not barred (D. Nev.), 94:573
– Securities, short sales, antitrust suit against brokerage firms barred (S.D.N.Y.), 94:12
– Telemarketing, ban on interstate prerecorded calls not barred (U.S., rev den), In Brief, 94:499
– Tobacco

See TOBACCO INDUSTRY

PREMERGER NOTIFICATION

– Antitrust developments

– – Proposed remedies, EU revises form, 95:389
– – Public limited-liability companies, mergers and acquisitions, EU proposes rules simplification, 95:322

– Canada, disclosure requests and recommendations subject of report, 95:171
– Hart-Scott-Rodino regime, increased thresholds adopted, In Brief, 94:78
– Interlocking directorates, FTC to issue revised thresholds, 94:75

PRICE BIAS

– Online auction, Robinson-Patman Act challenge to eBay listing practices dismissed (N.D. Cal.), 95:33

PRICE DISCRIMINATION

– Health system, Or. law question certified for review (9th Cir.), 94:163
– Magazine distribution, dismissal of price bias claims upheld (2d Cir.), 94:390
– Robinson-Patman Act cases

See ROBINSON-PATMAN ACT

PRICE FIXING

See also CONSPIRACY
– Air transportation

See AIR TRANSPORTATION

– Banking, ATM fees must be analyzed under rule of reason (N.D. Cal.), 94:521
– Beverages

– – Alcoholic drink specials, bar owner ban immune from patron challenge (Wis.), 94:527
– – Milk, dairy farmer claims against sellers

See AGRICULTURE

– Chemicals, discovery request by polyether polyol defendants overbroad (D. Kan.), 94:76
– Computers, Static Random Access Memory (SRAM), court certifies class (N.D. Cal.), 95:333
– Construction materials

See BUILDING AND CONSTRUCTION

– Credit cards

– – Antitrust exemption, merchant negotiation of fees

See LEGISLATION, FEDERAL, HR 5546

– – Discount and interchange fees, pleading deficiencies doom suit against Visa and MasterCard (9th Cir.), 94:267

– Diamonds, rough, De Beers settlement with direct and indirect purchasers approved (D.N.J.), 94:594
– Electrical carbon products

– – Assignment of claims through stock purchase creates standing (D.N.J.), 95:383
– – Class settlements approved (D.N.J.), 94:48

– Food

– – Aspartame, purchaser claims time-barred (E.D. Pa.), 95:210
– – Banana importer cartel fined, 95:365
– – Scottish dairies, Office of Fair Trading closes investigation, 95:391

– Furniture, resale price maintenance claims against Herman Miller settled (S.D.N.Y.), 94:374
– Glass, flat, challenge to settlement and fee award rejected (Cal. Ct. App.), 95:40
– Health care

See HEALTH CARE

– Insurance industry, La. attorney general suit properly removed to federal court (5th Cir.), 95:122
– Internet

– – Digital music recording sales, parallel conduct claims insufficient for conspiracy (S.D.N.Y.), 95:399
– – WatchGuard Tech., claim dismissed (W.D. Wash.), 94:212

– Italy probes alleged pricing collusion in cosmetics sector, In Brief, 94:659
– Labelstock case, label makers must defend allegations (M.D. Pa.), 95:8; settlement approved, 95:184
– Linerboard case, legal fee dispute does not require recusal of judge (E.D. Pa.), 95:85
– Magnetic iron oxide settlement with Toda firms approved (N.D. Cal.), 95:191
– Motor vehicles, refinishing paint settlements approved (E.D. Pa.), 94:13
– Oil and gas

See OIL AND GAS

– Pharmaceuticals, pass-on defense recognized as affirmative defense (Cal. Ct. App.), 95:117
– Resale price maintenance after Leegin discussed at ABA meeting, 94:339
– Rubber, parties alleging group boycott face remand of pricing issue (N.D. Cal.), 95:217
– Securities, short sales, antitrust suit against brokerage firms barred (S.D.N.Y.), 94:12
– Semiconductors

See SOFTWARE

– Telephone billing practices, AT&T must defend conspiracy claim (D. Kan.), 95:88
– Textiles

See TEXTILES

– Transportation, Stolt-Nielsen case

See TRANSPORTATION

– U.S.-Puerto Rico cargo transporters plead guilty to conspiracy and obstruction charges (M.D. Fla.), 95:314

PRISONS AND JAILS

– Internet access, E-Rate program bid rigging and fraud, consultant sentenced (N.D. Cal.), 94:295
– United Kingdom (UK) sentences business officials for marine hose bid rigging, 94:604

PRIVACY

– Air cargo rates, price fixing, Qantas employees not party to plea agreement may be identified (D.D.C.), 94:99
– Apparel, www.lifeisgood.com settles data security breach charges (FTC), 94:40
– Cal. firms, FTC privacy protection workshop set, 94:626
– Consumer Internet safety, FTC Web site upgraded, In Brief, 95:364
– Credit card sales, personal data allowed for return refunds (Cal. Ct. App.), 95:70
– Credit reports, FCRA preemption of defamation and privacy claims interpreted (11th Cir.), 94:182
– Data brokers and discount retailer must implement security programs (FTC), 94:317
– Employment site, Monster.com data breach, FTC closes probe, 94:212
– Health care

– – Electronic records and privacy issues discussed, 94:494
– – Trends, FTC workshop planned, In Brief, 94:274

– Identity theft

See IDENTITY THEFT

– Merger, data brokers Reed Elsevier/ChoicePoint, divestitures required (FTC), 95:261
– Online advertising

See INTERNET

– Personal data security

See LEGISLATION, FEDERAL, S 495

– Phone records

– – AccuSearch sale without consumer consent barred (D. Wyo.), 94:103
– – Hiring of pretexters, FTC settles charges with Fla. firm (M.D. Fla.), 94:554

– Social networking site imbee.com settles COPPA violation charges (N.D. Cal.), 94:98
– Spyware, banning installation

See LEGISLATION, FEDERAL, S 1625

– Student loan firm, data security breach case settled (FTC), 94:240

PRIVILEGED COMMUNICATIONS

– Attorney-client privilege, corporate waivers in criminal cases, DOJ outlines policy changes, 95:34
– Deliberative process privilege does not shield city documents discussing disputed merger of health insurers (S.D.N.Y.), 95:386
– Discovery, health care, civil investigative demand documents not shielded in private actions (Tex. Ct. App.), 95:385
– Intentional and inadvertent disclosures, waivers

See LEGISLATION, FEDERAL, S 2450

PROCEDURE

– Appeals

See APPEALS

– Class actions

See CLASS ACTIONS

– Criminal probe tactics discussed at ABA meeting, 94:341
– Damages

See DAMAGES

– Defenses

See DEFENSES

– Discovery

See DISCOVERY

– Estoppel

See ESTOPPEL

– Jurisdiction

See JURISDICTION

– Jury trials

See JURY TRIALS

– Limitations periods

See STATUTES OF LIMITATIONS

– Notice

See NOTICE

– Preemption

See PREEMPTION

– Service of process

See SERVICE OF PROCESS

– Standing

See STANDING

PUBLIC UTILITIES

See UTILITIES

PUBLISHING INDUSTRY

– Book sales, injury in fact and causation needed for consumer claim standing (Cal. Ct. App.), 94:57
– Electronic commerce, Amazon/Borders pact does not constitute illegal market allocation (9th Cir.), 94:575
– False advertising, author motion to restrain consumer protection officials denied (N.D.N.Y.), 94:250
– France

– – Book exporter need not reimburse government subsidies, 94:283
– – Press distributor allows rivals access to computer system, 94:258

– Italy, text book publishers take steps to address antitrust concerns, 94:228
– Media ownership, disapproval of rule to ease 1975 ban

See LEGISLATION, FEDERAL, SJRes 28

– Price bias, dismissal of claims asserted against magazine distributors upheld (2d Cir.), 94:390
– United Kingdom, Dunfermline Press/Trinity Mirror newspapers, undertakings may be accepted, 94:144; spinoffs accepted, 94:479
– Weight loss book, infomercial barred (N.D. Ill.), 95:181; author awarded legal fees for dissolved injunction (N.D.N.Y.), 95:193

PUERTO RICO

– Health care providers, collective bargaining plan opposed by FTC, 94:139
– Hyundai recall exclusion, no private right of action under P.R. law (U.S., rev den), 94:448