Antitrust & Trade Regulation Report Index-Summary

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Cigarette manufacturers properly found liable under Act for deception re health effects (D.C. Cir.), 96:531
– Pharmaceuticals, off-label marketing claims may proceed (E.D. Pa.), 97:225
– Professional wrestling licensees, statute of limitations (2d Cir.), In Brief, 96:591
– Toasted sandwich restaurants, franchisees may pursue RICO and fraud claims (W.D. Pa.), 97:18

RADIO

– Chile, bill designed to prevent concentration and speculation passes, 96:120
– France, Competition Authority urges stronger regulation in audiovisual wholesale market, 96:440
– Japan, oligarchy charges to be brought against royalty collection agencies, 96:168

RAILROADS

– Antitrust exemptions

See LEGISLATION, FEDERAL, HR 233, S 146

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

– – National railway cleared to acquire freight company, 97:464
– – Reservations cartel, Competition Council fines railway, 96:141

– Fuel surcharges, state price fixing claims preempted, federal claims survive (D.D.C.), 96:61; proposals for bifurcated and phased discovery rejected, 97:38

REAL ESTATE

– Boycotts

– – Brokerage services, commission requirement of physical presence during initial visit by buyer is not boycott (U.S., rev den), 96:184
– – Realtors (N.D. Ill.), In Brief, 96:190

– Get rich quick scheme, FTC claims filed (C.D. Cal.), 97:11
– Listing services

– – Conspiracy and combination adequately pleaded (E.D. Mich.), 96:131
– – Restraint of trade, proposed settlement re multiple listing service exclusion of discount brokers (D.S.C.), 96:455

– Mortgages

See MORTGAGES

– Tying, forcing buyer to purchase unwanted service does not harm competition, dismissal affirmed (9th Cir.), 97:139

RECREATION

See SPORTS AND RECREATION

REMOVAL JURISDICTION

– CAFA, standard is preponderance of evidence (8th Cir.), 96:220

RESTAURANTS

– FACTA, class certified in restaurant suit, third-party complaint against processing machine provider dismissed (N.D. Ill.), 97:227
– Toasted sandwich restaurants, franchisees may pursue RICO and fraud claims (W.D. Pa.), 97:18

RESTRAINTS OF TRADE

– Ambulance services, ordinance creating exclusive zones not restraint of trade (E.D. Mich.), 97:355
– Amway marketing materials (8th Cir.), In Brief, 96:461
– Baby products, purchaser class certified in conspiracy suit (E.D. Pa.), 97:170
– Beverages, facial attack on distributor claim fails, subject matter jurisdiction found (D.V.I.), 96:12
– Canada

– – Competitor collaboration, draft guidelines outline triggers for antitrust enforcement, 96:489; Am. Bar Ass'n offers comments, 97:214
– – Motor vehicle imports to U.S., indirect purchasers cannot establish causation for antitrust injury (D. Me.), 97:97

– CARB gas, wholesaler claims of aggregate activity may proceed (9th Cir.), 96:369
– Carpet retailer, overt act is required to prove conspiracy, claim dismissed (M.D. Tenn.), 97:264
– Class arbitration may be imposed where clause is silent (U.S., rev grant), 96:616
– Coin graders and dealers, eBay forum selection clause found enforceable, claims transferred (E.D.N.Y.), 96:615
– Copier parts and services submarket, injuries, and causation adequately alleged in antitrust and RICO claims (U.S., rev den), 96:617
– European Union

– – Classification societies, EU seeks comments on measures to address restrictive business practices, 96:605
– – Horizontal cooperation agreements, ABA sections offer comments on EU policies, 96:99
– – Web browsers, EU likely to require Microsoft to offer competing products, 96:193; European Committee for Interoperable Systems given interested third party status, 96:384; Microsoft granted extension, Ass'n for Competitive Tech. given interested third party status, 96:413; decision expected by November, Microsoft denied postponement of oral hearing, 96:543; EC expresses interest in plans to release Windows 7 without browser, 96:627; comments sought on Microsoft proposal, 97:410

– Fertilizer distributorship, insufficient evidence to support claim (E.D. Pa.), 96:63
– Hospital joint purchasing agreement will not draw DOJ challenge, 97:293
– 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
– Italy, antitrust authority calls for greater oversight of financial institutions, 96:52
– Japan, music, oligarchy charges to be brought against royalty collection agencies, 96:168
– Lacrosse sticks, NCAA rule changes re head dimensions do not restrain trade (E.D. Mich.), 96:265
– Military restraints, manufacturer pleads guilty (E.D.N.Y.), 96:459
– Oil and gas

– – Motor fuel, statutory markup of sales is unconstitutional (E.D. Wis.), 96:160; state will not appeal invalidation, 96:246; gasoline retailers may intervene to appeal, 97:238
– – Vertical relationships, OECD report finds little benefit to mandatory unbundling, 96:627

– Pharmaceuticals, evidentiary exclusions doom claims re patent extension (9th Cir.), 96:37
– Prisons, exclusive vendors for inmates, claims dismissed (W.D. Wis.), 96:505
– Public pensions, claims adequately pleaded against fund management firm (S.D. Cal.), 96:240
– Real estate, proposed settlement re multiple listing service exclusion of discount brokers (D.S.C.), 96:455
– Steel, allegations of parallel conduct based on circumstantial evidence survive motions to dismiss (N.D. Ill.), 96:639
– Tobacco Master Settlement Agreement, Allocable Share Amendment found valid (8th Cir.), 97:207
– Waste disposal, franchises without price controls constitute hybrid restraint on trade, claims against county may proceed (M.D. Fla.), 97:111; franchisees may intervene, 97:232

RETAIL INDUSTRY

– Credit cards, merchant fees

See LEGISLATION, FEDERAL, HR 2695, HR 2382, S 1212

– Data breach, banks opting out of settlement class may pursue limited claims against discount retailer (1st Cir.), 96:356
– France, booksellers receive temporary exemption from 60-day payment period law, 96:385
– Jeans, diversion of merchandise to discount retailer may be valid claim (Cal. Ct. App.), 96:221
– Resale price maintenance

– – FTC workshops, agendas released, In Brief, 96:430
– – Testimony in panel hearing debates potential legislative overruling of Leegin, 96:423; further action, see LEGISLATION, FEDERAL, S 148

RETIREMENT

See also PENSIONS
– France, pharmacy guild fined for encouraging retirement home to buy from nearby operators, 96:414
– Red Flag Rules, 401(k) loans not covered, FTC staffer says, 97:41; attorneys seek additional guidance, 97:86

RICO

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

ROBINSON-PATMAN ACT

– Beverages, distributors cannot resurrect claims against maker (2d Cir.), 97:325
– Food, manufacturer and distributor found to violate Act (M.D. Pa.), 96:477; manufacturer held in contempt for continuing discriminatory pricing, 96:529; stay of permanent injunction granted (3d Cir.), 97:89
– Forum selection clause governs claim (N.D. Ill.), 97:400
– Interstate commerce (9th Cir.), In Brief, 96:19
– Prisons, exclusive vendors for inmates, claims dismissed (W.D. Wis.), 96:505

RUBBER

– Price fixing, potential variations in damages not enough to block class certification where identical facts predominate (D. Conn.), 96:208

RUSSIA

– Enforcement of antitrust

– – Criminal sanctions, President signs bill, 97:158
– – Federation Council passes measure, 97:48; President signs, 97:100

– Fines, Constitutional Court limits antitrust agency powers to levy, 96:650