Antitrust & Trade Regulation Report Index-Summary

SCHOOLS

– Internet access, E-Rate program bid rigging and fraud, consultant sentenced (N.D. Cal.), 94:295
– Privacy, student loan firm data security breach case settled (FTC), 94:240
– Sports, private school challenge to state-controlled rules dismissed (M.D. Tenn.), 95:141

SECURITIES

– Merger, CME Group/N.Y. Mercantile Exch., DOJ clears deal, 94:618
– Municipal derivatives conspiracy case, interim counsel named (S.D.N.Y.), 95:182
– Short sales, antitrust suit against brokerage firms barred (S.D.N.Y.), 94:12
– United Kingdom (UK) grants recognition to futures exchange ICE Clear Europe, 94:504

SERVICE OF PROCESS

– Deposition subpoena need not be served in person to nonparty witness (S.D.N.Y.), 95:212
– Jurisdiction, foreign defendants with U.S. subsidiaries cannot avoid service (N.D. Cal.), In Brief, 95:250

SHIPS AND SHIPPING

– Conspiracy, plastic marine pilings, city engineer and product supplier fined, 95:380
– Czech Republic, state aid for inland waterways freight transport vessels approved, 94:538
– European Union (EU)

– – Bulk liquid transporters, probe closed, 94:480
– – Marine hose suppliers, objections sent, 94:477; Bridgestone and Yokohama Rubber warned, 94:506
– – Maritime transport services covered under new antitrust guidelines, 95:24
– – Polish shipyards, state aid discussed, 95:51
– – Restrictive business practices exemptions, liner consortia, new regulations drafted, 95:390
– – Ship classification sector, surprise probes confirmed, 94:117
– – State aid rules extended, 95:49

– Greece asked to recover state aid from Hellenic Shipyards, 95:21
– Marine hose bid rigging

See DEFENSE INDUSTRY

– Monopolization, Oahu stevedoring firm many amend predatory hiring claim (D. Haw.), 94:646
– Poland submits state aid plan for shipyards, 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
– Price fixing, U.S.-Puerto Rico cargo transporters plead guilty on conspiracy and obstruction charges (M.D. Fla.), 95:314
– Rail fuel surcharge claim

See RAILROADS

– Seaway pilot, exclusion from Coast Guard work not anticompetitive (2d Cir.), 94:293

SLOVAKIA

– Gravel and stone, EU bars tax exemptions for Alas Slovakia, 94:583
– Mail and delivery services, monopolization, EU probes hybrid delivery, 95:346

SOCIAL NETWORKING SITES

– Children's site imbee.com settles COPPA violation charges (N.D. Cal.), 94:98
– Internet ads, MySpace users subjected to phishing and other scams, advertiser charged with violating 2006 bar (D.N.H.), 94:109

SOFTWARE

– Banking, money laundering prevention, database not anticompetitive, DOJ finds, 95:10
– European Union (EU) sends Intel supplementary objections, 95:100
– German aid for DRAM wafer project approved, 94:145
– Internet ads, MySpace users subjected to phishing and other scams, advertiser charged with violating 2006 bar (D.N.H.), 94:109
– Microsoft

See MICROSOFT LITIGATION

– Monopolization

– – PBX maker must defend claims brought by service provider (D.N.J.), 95:259
– – Telecom systems manufacturer must defend monopoly counterclaims (D.N.J.), 95:237

– Patents, refusal to license Ethernet standard, unfairness doctrine applied (FTC), 94:71; comment period extended, In Brief, 94:184
– Restaurants, Domino's Pizza may require franchisees to purchase proprietary computer system (8th Cir.), 95:45
– Semiconductors

– – Canada, British Columbia court denies class suit against DRAM overcharging, 94:531
– – DRAM case, jury consultant use at cross-examination limited (N.D. Cal.), 94:179; several claims against Infineon Tech. dismissed, 94:446; N.Y. amended charges must be defended, 94:491; DRAM makers cannot force new trial of charges against Rambus, 95:161; FTAIA dismissal of foreign buyers claims affirmed (9th Cir.), 95:196; Cal. and N.M. entities cannot show class-wide proof against manufacturers, 95:291
– – FTC cannot show Rambus excluded rivals by not disclosing patented technology (D.C. Cir.), 94:415
– – Hynix case, scope of testimony clarified (N.D. Cal.), In Brief, 94:217
– – Private Rambus case, FTC findings denied prima facie weight (N.D. Cal.), 94:101; patent claim, motion to limit expert testimony denied, 94:209
– – Qualcomm, claims by semiconductor supplier wins venue transfer (D.N.J.), 95:288
– – Rambus fails to avoid jury demands (N.D. Cal.), In Brief, 94:184

– Spyware

– – Banning installation

See LEGISLATION, FEDERAL, S 1625

– – FTC needs stronger enforcement tools, former commissioner says, 95:363

– Trade secrets of software program, government contractor failed to state claim (M.D. Ga.), 95:163
– Video games, Grand Theft Auto, class decertified for lack of predominance (S.D.N.Y.), 95:166

SOUTH AFRICA

– Mining, BHP Billiton may acquire Rio Tinto, 95:389

SOUTH CAROLINA

– Attorneys, refusal to allow law practice dismissed (D.S.C.), In Brief, 94:470
– Real estate transactions, FTC and DOJ urge easing of restrictions, 94:394

SPAIN

– Agriculture, state aid for agro-food firms probed, 94:538
– Motion pictures, EU probes state aid for Ciudad de la Luz film studio, 94:168
– Tax credit for corporations does not constitute illegal state aid, 94:171

SPAM

– CAN-SPAM Act

– – Adult Web site marketer liable for illegal actions of affiliates (D. Ariz.), 94:241
– – False advertising, prescription drugs and herbal supplements, FTC obtains temporary restraining order (N.D. Ill.), 95:360
– – Misleading “free” product promotions, charges settled (N.D. Cal.), 94:105
– – ValueClick settles FTC deceptive advertising charges (C.D. Cal.), 94:294
– – Weight loss product, default judgment entered (N.D. Ill.), 94:132

– False transmission data ban infringes right to anonymous speech (Va.), 95:269
– Malicious spam, harvesting of addresses and filtering technologies subject of FTC report, 94:7
– Wireless spam, FTC holds town meeting on consumer issues, 94:470

SPECIAL REPORTS

– Cooperation in antitrust enforcement lauded at ICN annual meeting, 94:399
– Enforcement, perspectives on trends explored at ABA meeting, 94:347
– Oil and gas, Commodity Futures Trading Comm'n (CFTC) claims exclusive jurisdiction over futures and options, 95:404

SPORTS

– Canada, hockey league probe finds no dominance abuse, 94:356
– Conspiracy, NCAA recruiting rules noncommercial, claims properly dismissed (6th Cir.), 94:593
– Immunity, private school challenge to state-controlled rules dismissed (M.D. Tenn.), 95:141
– Italy probes soccer game broadcasting rights, 94:303; pooling of revenues by leagues probed, 94:478
– Monopolization

– – Athletic trainers, manual therapy market sustains monopoly claim (N.D. Tex.), 95:285
– – Football headgear, former NFL licensee fails to state claim (7th Cir.), 95:205
– – Golf club designer may amend claim challenging USGA conformity rules (D. Del.), 94:597

– Restraints of trade, exclusivity charges against ski resort and realty firm may proceed (W.D. Va.), 94:15
– Retailers' noncompetition agreement improperly divided market for golf merchandise, consent order proposed (FTC), 95:357
– Web site ban by Natl. Hockey League allowed (2d Cir.), In Brief, 94:471; complaint survives dismissal (S.D.N.Y.), 95:373

STANDING

– Book sales, injury in fact and causation needed for consumer claim standing (Cal. Ct. App.), 94:57
– Cable television, Tex., incumbent operators direct harm claims may proceed (5th Cir.), 94:164
– Credit cards, conspiracy plaintiffs may challenge compulsory arbitration (2d Cir.), 94:439
– Fax ads

See FAXES

– Food, kosher market, terminated distributor lacks standing (S.D.N.Y.), 94:253
– Health care

See HEALTH CARE

– Lanham Act, restaurant may not attack rival allegedly rigged promotional games (U.S., rev den), 94:301
– Motor vehicles

See MOTOR VEHICLES

– Restaurants, Moe's Southwest Grill franchisees may not proceed on Robinson-Patman claims (N.D. Ga.), 95:413
– Software, Novell may sue Microsoft for harm to competition in operating systems market (U.S., rev den), 94:293
– Tobacco

See TOBACCO INDUSTRY

STATE DEVELOPMENTS

– Ed. Note: For issues regarding a specific state, see name of state. For issues on a specific subject, see relevant subject heading.

STATUTES OF LIMITATIONS

– Attorney malpractice, drug maker claims of bad advice may proceed (N.D.W. Va.), 94:20
– Credit cards, Discover suit against Visa and MasterCard not time-barred (S.D.N.Y.), 95:235
– Dental care

See DENTAL CARE

– Food, aspartame, purchaser price fixing claims barred (E.D. Pa.), 95:210
– Health care

– – Evanston Northwestern/Highland Park Hospital, class challenge not time-barred (N.D. Ill.), 94:619
– – Pediatrician excluded from providing intensive care unit services, claims not time-barred (N.D. Cal.), 95:311

– Plumbing fixtures, withdrawal of putative class claims timely (3d Cir.), 95:142
– Telemarketing, first electronic bank transfer begins limitations period (M.D. Tenn.), 95:87

STEEL

– Hungary, tax benefit for steel maker to be probed, In Brief, 94:431
– Japan urges Australia to probe BHP Billiton/Rio Tinto deal, 94:304; Japan probes deal, 94:581; Japan to order BHP acquisition plan, 95:249; BHP refuses Japan's request, 95:275
– Mergers

– – Carbon bonded ceramic, Cookson Group/Foseco, divestitures required (D.D.C.), 94:246
– – Industrial storage tanks, Chicago Bridge & Iron illegally acquired Pitt-Des Moines assets (5th Cir.), 94:105

– Union antitrust exemption inapplicable to alleged job conspiracy (1st Cir.), 95:157

SUBPOENAS

– Deposition subpoena need not be served in person to nonparty witness (S.D.N.Y.), 95:212

SUPREME COURT, U.S.

– Credit reports, willfulness of FCRA violation by mortgage insurer (judg vac), 94:596
– Debt collection, proof of debt lacking, dismissal of FDCPA claims (rev den), 94:182
– Fax ads

– – Assigned TCPA claims properly dismissed (rev den), 94:44
– – Liquidated damages, TCPA claim may not be assigned (rev den), 95:332

– Internet services, wholesale price squeeze claim, Solicitor Gen. view sought, 94:75; (rev grant), 94:645
– Lanham Act, restaurant may not attack rival allegedly rigged promotional games (rev den), 94:301
– Mortgages, foreclosure, homeowner association attorney fees exceed state law, In Brief (rev den), 95:364
– Motor vehicles

– – Hyundai recall exclusion, no private right of action under P.R. law (rev den), 94:448
– – Volvo buyer failed to show breach of warranty damages (rev den), 94:6

– Postal Reorganization Act, private right of action (rev den), 95:332
– Railroads, tying of transload services, claims properly denied (rev den), 94:6
– Software, Novell may sue Microsoft for harm to competition in operating systems market (rev den), 94:293
– Telemarketing, ban on interstate prerecorded calls not barred (rev den), In Brief, 94:499
– Tobacco industry

– – Ads targeting minors, state claim preempted (rev den), 94:299
– – Light and low tar claims, preemption by cigarette labeling law (rev grant), 94:80; oral arg. set, 95:317; oral arg, 95:339
– – Master settlement and implementation laws not barred (rev den), 94:496
– – Product liability claims not barred (rev den), 94:596
– – Truck delivery of tobacco products to minors preempted (aff), 94:185

– Travel agencies, horizontal conspiracy with airline (rev den), 95:332
– Truth in Lending Act

– – Attorney sanctions for noncompliance with discovery orders (rev den), In Brief, 94:249
– – Inclusion requirement for specificity (rev den), 94:319

– Union contract with convention center for construction of trade show exhibits, restraint of trade (rev den), 95:332
– Water treatment device, advertising claims (rev den), 94:423

SWEDEN

– Alcoholic beverages, Pernod Ricard/V&S Vin & Spirit, divestitures required (FTC), 95:83
– Pharmaceuticals, Sweden to abolish drug monopoly, 94:534
– Television, Boxer monopoly abolished, EU drops court case, 94:582

SWEEPSTAKES

– Fraud, phony FTC employees scam collects consumer fees, In Brief, 95:364
– Lanham Act, restaurant may not attack rival allegedly rigged promotional games (U.S., rev den), 94:301