Antitrust & Trade Regulation Report Index-Summary

SCHOOLS

– Canada, school bus services, Competition Bureau secures prohibition orders for price fixing and bid rigging, 96:196
– E-rate fraud, school superintendent indicted in conspiracy (W.D. Mich.), 96:564
– La., dentistry, FTC urges rejection of bill to restrict in-school care for children, 96:462
– Lacrosse sticks, NCAA rule changes re head dimensions are not commercial in nature (E.D. Mich.), 96:265
– Tuition, federal agencies release report on combating financial aid and scholarship fraud, 96:557

SECURITIES

– Computer memory, class action asserts stock price manipulation via price fixing (D. Idaho), 96:236
– EU, Standard & Poor's faces monopoly abuse charges over securities identification numbers, 96:72

SERVICE OF PROCESS

– Hague Convention, nonsignatories may not be served through certified mail (N.D. Cal.), 97:434
– Letter rogatory properly approved for service (D. Colo.), 97:409
– Utah, financing, falsified documents not covered by baby FTC act (Utah), 96:409

SHIPS AND SHIPPING

– Class arbitration may be imposed where clause is silent (U.S., rev grant), 96:616
– European Union

– – DSV/Vesterhavet joint control of DFDS investigated by EC, 96:629
– – Marine hose cartel members fined, 96:100

– Fenders and buoys, marine products manufacturer charged in bid rigging conspiracy (E.D. Va.), 96:534; CEO pleads guilty, 97:8
– Marine products companies settle bid rigging and price fixing charges (E.D. Va., S.D. Fla.), 96:429
– Price fixing in Puerto Rican shipping lanes, executive sentenced (M.D. Fla.), 96:112
– Salvage, post-Katrina operations may have been anticompetitive (E.D. La.), 96:163

SLOVAKIA

– Broadband, EU opens investigation on restrictive practices, 96:439
– EU seeks antitrust law conformation to EC Treaty, reasoned opinion issued, 96:118; contrary provision repealed, EU closes infringement proceedings, 97:101
– Hybrid mail, EU to require implementation of decision on monopoly, 97:492
– Telecommunications, EC confirms unannounced competition inspection of incumbent provider, 96:101

SMALL BUSINESSES

– France, payment terms, legislative exemptions for certain industries favored, 96:226
– Pharmacy, staffing firm and owners plead guilty to fraud charges re VA and SBA (N.D. Ill.), 96:296

SMOKING

See TOBACCO INDUSTRY

SOFTWARE

– Automotive loss valuation software, merger enjoined (D.D.C.), 96:261
– Divestiture, failure to comply with order, In Brief, 97:237
– European Union

– – Interoperability, monitoring of Microsoft no longer required, 96:249
– – 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

– File sharing

See LEGISLATION, FEDERAL, HR 1319

– Investigations and enforcement actions may stifle innovation, speaker tells conferees, 97:145
– “Scareware,” two settle with FTC over deceptive practices (D. Md.), 96:645; corporate officer must face charges, 97:331
– Server operating systems, Justice seeks extension of Microsoft decree (D.D.C.), 96:374
– Spyware, FTC has standing to pursue claims (M.D. Fla.), In Brief, 96:217; FTC privilege, In Brief, 97:206
– Technical documentation, Justice and states provide update on Microsoft consent decree, 97:172
– Telecommunications, monopolization claims by PBX systems service providers may proceed (D.N.J.), 97:327

SOUTH AFRICA

– Cement producers raided in cartel investigations, 97:49
– Construction industry cartel investigations, 97:368
– Directors and managers, personal liability for cartels under new law, Special Report, 97:304
– Fertilizer and phosphoric acid cartel, fines imposed, 96:573
– Pipe cartel, In Brief, 96:121
– Steel, ArcelorMittal reaches cartel settlement, faces possible fine, 97:373
– Supermarkets, Competition Commission launches probe, 97:127

SOUTH CAROLINA

– Real estate, proposed settlement re multiple listing service exclusion of discount brokers (D.S.C.), 96:455

SOUTH KOREA

– Attorneys and firms, non-Koreans allowed to practice as foreign legal consultants, 96:383
– Mobile phones, Fair Trade Commission imposes monopoly fine on Qualcomm, 97:99

SOVEREIGN IMMUNITY

– Japan, panel recommends bill allowing suits against foreign states, 96:71
– Prison system, claims by inmates dismissed (W.D. Wis.), 96:505

SPAM

– Cal., consumer privacy law not preempted by CAN-SPAM (Cal.), 97:367
– Multiple domains used to defeat filters, question certified to Cal. Supreme Court (9th Cir.), 96:21
– Weight loss and antiaging, default judgment rendered against members of international operation (N.D. Ill.), 97:14

SPORTS AND RECREATION

– Concert tickets, Senate panel examines proposed Ticketmaster/Live Nation merger, 96:182; UK, proposed merger referred to Competition Commission, 96:606
– France, games and toys, legislative exemptions for payment terms favored, 96:226
– Golf, hotel group may replead antitrust claims against course operators (S.D. Miss.), 97:202
– Italy, investigation opened into rights to televise soccer matches, 97:156
– Lacrosse sticks, NCAA rule changes re head dimensions do not restrain trade (E.D. Mich.), 96:265
– NFL and teams constitute single entity (U.S., rev sought), 96:184; (rev grant), 97:5
– Professional wrestling licensees, statute of limitations (2d Cir.), In Brief, 96:591
– Ski rental, enforcing real estate covenant not anticompetitive (10th Cir.), 96:180
– Video games

See VIDEO GAMES

STANDING

– Antidepressants, various indirect purchaser claims dismissed for lack of standing under state laws (E.D. Pa.), 97:179
– Assignment, failure by indirect purchaser to attach letter to original complaint not fatal (D. Minn.), 97:453
– Cal., cigarettes, Proposition 64 does not impose standing requirements on absent class members, class recertified (Cal.), 96:540
– Cell phone patent licensing

– – CDMA technology, cell phone purchaser lacks standing, 97:240
– – UMTS standard, indirect purchasers lack standing to challenge (S.D. Cal.), 96:241

– Class actions (3d Cir.), In Brief, 96:190
– D.C. Consumer Protection Procedures Act, injury not required to bring claim (D.C.), 97:366
– Diabetes drug, direct purchasers have standing to assert monopoly claims (2d Cir.), 97:445
– Fax ads, assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137
– Fuel temperature, standing question intertwined with substantive claim, dismissal improper (D. Kan.), 96:138
– Marine salvage services, consumer status required for standing (E.D. La.), 96:163
– Spyware, FTC may pursue claims (M.D. Fla.), In Brief, 96:217; FTC privilege, In Brief, 97:206

STATE DEVELOPMENTS

– Ed. Note: For issues regarding a specific state, see name of state. For issues on a specific subject, see relevant subject heading.
– Convergence, panelists discuss state and federal roles in international antitrust enforcement, 96:332
– Get rich quick scams, FTC, DOJ, and state officials announce results of joint sweep, 97:11
– Mortgage modification scams, coordinated multistate enforcement effort yields actions, 97:60
– Multistate enforcement actions are increasing, panelists tell conferees, 97:153
– Satellite television provider settles deceptive practices claims with 46 states, 97:95

STATUTES OF LIMITATIONS

– Attorneys' fees (E.D. Mich.), In Brief, 96:620
– Collateral estoppel bars relitigation of statute of limitations question re FDCPA (S.D. Fla.), 96:561
– Internet pharmacy blocked from benefit networks, claim time-barred (5th Cir.), 96:456
– Medical board claims time-barred (C.D. Cal.), In Brief, 96:512
– Professional wrestling licensees, RICO claims (2d Cir.), In Brief, 96:591
– Round thermostats, claims time-barred, class not certified (Me.), 97:123
– Scrap metal processors, jury instructions on tolling of limitations period was proper (U.S., rev den), 96:319

STEEL

See METALS

SUPREME COURT, U.S.

– Generally, Justice Souter replacement, Sotomayor nominated, 96:531
– Alcoholic beverages, bans on all shipments to consumers does not offend commerce clause (U.S., rev den), 97:384
– Class arbitration may be imposed where clause is silent (rev grant), 96:616
– Computer memory, alleged deception of standards-setting organization re patents not anticompetitive (rev den), 96:184
– Copier parts and services submarket, injuries, and causation adequately alleged in antitrust and RICO claims (rev den), 96:617
– Credit cards, collection actions under TILA and FDCPA (rev den), 97:7
– Fair Debt Collection Practices Act

– – Bona fide error defense applies to mistakes of law (rev grant), 97:7
– – Communication directed to attorney in foreclosure proceeding not proscribed (rev den), 97:384

– Generic drugs, reverse payments not unlawful during exclusionary zone of patent (rev den), 96:640
– NFL and teams constitute single entity for trademarked apparel license (rev sought), 96:184; (rev grant), 97:5
– Physicians, non-risk-sharing contracts negotiation process is anticompetitive (rev den), 96:184
– Price squeeze claim cannot be made with no duty to deal at wholesale and no predatory pricing at retail (rvs and rem), 96:177; Analysis and Perspective, 96:218
– Real estate brokerage, commission requirement of physical presence during initial visit by buyer not boycott (rev den), 96:184
– Resale price maintenance, pest control products, sale via agents (rev den), 97:384
– Scrap metal processors, class members had adequate notice of partial settlement, jury instructions on tolling of limitations period was proper (rev den), 96:319
– Telecommunications, FCC has jurisdiction over §271 of 1996 Act (rev den), In Brief, 96:43
– Truth in Lending Act

– – Damages (rev den), In Brief, 96:298
– – Preemption (rev den), In Brief, 96:65
– – Rescinded loan transactions too individualized for class action (rev den), 97:7

– Wineries, requirement to visit prior to shipping does not offend Commerce Clause (rev. den.), 96:515
– Wireless communications standards setting (rev den), In Brief, 96:430

SWEDEN

– Electricity, EC initiates dominance inquiry into monopoly provider, 96:414; transmission commitments to be market tested, 97:460
– Pharmacy monopoly to end, 96:195; legislature passes privatization bill, 97:50
– Vehicle inspections, bill to deregulate, 97:413