Antitrust & Trade Regulation Report Index-Summary

TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

TAXATION

– Civilian Defense employee pleads guilty to tax fraud (D.D.C.), 97:15
– Kickbacks, Home Depot employee sentenced on guilty plea, must pay tax on corrupt income (N.D. Ga.), 96:619

TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

TELECOMMUNICATIONS

– Broadband

See BROADBAND

– Canada

See CANADA

– Cell phones

See WIRELESS COMMUNICATIONS

– D.C., calling cards, injury not required to bring claim under Consumer Protection Procedures Act (D.C.), 97:366
– Divestitures, AT&T pays contempt fine for failure to separate account information (D.D.C.), 96:40
– E-rate fraud, school superintendent indicted in conspiracy (W.D. Mich.), 96:564
– European Union

See EUROPEAN UNION (EU)

– Italy

See ITALY

– Local exchange carriers, FCC jurisdiction (U.S., rev den), In Brief, 96:43
– PBX systems, monopolization claims by service providers may proceed (D.N.J.), 97:327
– Prepaid calling cards

– – Distributor settles FTC claims over reduced value and disclosure failures (D.N.J.), 97:15
– – Misrepresentation and failure to disclose fees, distributor faces FTC charges (E.D.N.Y.), 97:148

– Price squeeze claim cannot be made with no duty to deal at wholesale and no predatory pricing at retail (U.S., rvs and rem), 96:177; Analysis and Perspective, 96:218; remanded (9th Cir.), In Brief, 96:430
– Privacy, information broker cannot claim CDA immunity after soliciting and publishing illegal telephone records (10th Cir.), 97:8
– Robocalling

– – Government grants, bogus promotions, restraining order obtained (W.D.N.Y.), 97:11
– – Rapid debt reduction, bogus program operators failed to provide refunds, restraining order obtained (W.D. Wash.), 97:11

– Slovakia, EC confirms unannounced competition inspection of incumbent provider, 96:101
– TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Telemarketing

See TELEMARKETING

– Utility vaults, use of exclusive supplier and partial developer reimbursement does not support antitrust claims (N.D. Cal.), 96:291

TELEMARKETING

– Business directories, boiler room fraud operations targeted by FTC (N.D. Ill.), 96:561
– Charities, FTC and state agencies begin crackdown on bogus fundraising, 96:511
– Debt relief services, new rules would increase consumer protection, 97:144; state Attys. Gen. support additional consumer protection, 97:488
– Do-Not-Call Registry

– – Fees, In Brief, 97:206
– – Financial services firm banned from telemarketing for 5 years (C.D. Cal.), 97:147
– – Internet and television firms and marketers agree to penalties (C.D. Cal, E.D. Pa.), 96:377
– – Satellite television provider cited for contacting Registry members (C.D. Ill., E.D. Mich.), 96:297; authorized dealers settle claims (E.D. Mich.), 97:325
– – Travel firms, telemarketers to pay civil fines (M.D. Fla.), 96:88

– Medical billing work-at-home scheme, marketer settles charges (S.D.N.Y.), 96:481
– Money transfer service settles FTC fraud charges (N.D. Ill.), 97:480
– Operation Tele-PHONEY

– – Phony pitches, marketers settle FTC claims re nondelivery of products and services (N.D. Ga.), 96:327
– – Receivership, non-party payment processor must turn over funds (E.D. Pa.), 97:362
– – Sweep, settlements reached, telemarketers added to ongoing complaint (N.D. Ohio, W.D. Okla., D. Nev., N.D. Ga., E.D. Pa.), 97:230

– Private enforcement of TCPA technical violations not authorized, claims dismissed without prejudice to refiling in state court (S.D. Ohio), 96:215
– Privately held mortgages, judgment against get-rich-quick marketer upheld (9th Cir.), 96:271
– Robocalls for vehicle service contracts, settlement reached (N.D. Ill.), 97:265
– Robocalls, prior written consent required to make, 97:235
– Wireless trade group seeks crackdown on unsolicited calls, 96:481

TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Cell phones, prerecorded calls without consent is violation (W.D.N.Y.), 97:479
– Fax advertisements

– – Agency determination key to vicarious liability claim (N.D. Ill.), 97:301
– – Assignee of recipient lacks standing, award of fees proper upon dismissal (Colo. Ct. App.), 96:137
– – Authorization (S.D. Ill.), In Brief, 97:299; educational content with minimal advertising not TCPA violation, 97:476
– – Certification of class reversed on inability to identify members (1st Cir.), 97:336
– – Class of recipients of unsolicited materials certified (N.D. Ill.), 96:134
– – Established business relationship exemption shields sender (N.D. Ill.), 97:200
– – Jurisdiction, recipient cannot meet federal amount in controversy requirement, class action requirements not met (D.N.J.), 97:230
– – Partial owners of fax machines not included in class (N.D. Ill.), 97:451

– Private enforcement of technical violations not authorized, claims dismissed (S.D. Ohio), 96:215

TELEVISION

– Bulb failures, class settlement reached for purchasers of high-end sets (E.D.N.Y.), 96:243
– Cable

– – Ownership restrictions (D.C. Cir.), In Brief, 97:266
– – Wiring, FCC decision finding exclusivity contracts unlawful not arbitrary (D.C. Cir.), 96:555

– Canada, regulatory exemption maintained for new media broadcasting services, 96:603; regulator asks for ruling on ISPs as broadcasters, 97:129
– Cathode ray tubes, executive indicted in price fixing scheme (N.D. Cal.), 96:141
– Color display tubes, executive indicted in price fixing scheme (N.D. Cal.), 97:216
– Deceptive sales practices, satellite provider settles claims with 46 states, 97:95
– Do-Not-Call Registry violations

– – Cable and satellite firms agree to penalties (C.D. Cal., E.D. Pa.), 96:377
– – Satellite TV provider cited for contacting Registry members (C.D. Ill., E.D. Mich.), 96:297; provider settles with 46 states, 97:95; authorized dealers settle claims (E.D. Mich.), 97:325

– France

– – Audiovisual wholesale market, Competition Authority urges stronger regulation, 96:440
– – Distribution guidance sought, In Brief, 96:54
– – Internet provision of television content should be limited, Competition Authority says, 97:76

– Italy, investigation opened into rights to televise soccer matches, 97:156
– Japan, picture tubes, JFTC expected to exercise extraterritorial enforcement authority, 97:73
– LCD panels, executives plead guilty in global price-fixing scheme (N.D. Cal.), 96:73; additional executives indicted, 96:119; Hitachi resolves criminal charges re sales to Dell, 96:250; additional Hitachi executive indicted, 96:339; LG Display executive pleads guilty, 96:440; amnesty, court cannot compel applicant to identify itself, 96:559; Epson pleads guilty, 97:245
– Merger, media chairman settles charges of reporting and waiting violations (D.D.C.), 96:643
– Screen magnifiers, manufacturer settles deceptive “Made in the U.S.A.” claims (FTC), 97:88
– Weight loss products, QVC settles charges of deceptive claims (E.D. Pa.), 96:297

TENNESSEE

– Jurisdiction must be decided before dismissal for failure to state a claim (Tenn. Ct. App.), 96:245

TEXAS

– Drycast concrete hardscapes, FTC claims proposed merger would harm commercial market competition (FTC), 96:38; transaction withdrawn, 96:40
– Funeral homes, FTC announces results of undercover inspections, 96:296
– Oil, attorney general may intervene for distribution of unclaimed funds in fair market value action (5th Cir.), 96:566
– Radiology, health care network and parent are not monopoly, summary judgment affirmed (Tex. Ct. App.), 96:622

TEXTILES

– Generic fiber, new subclass, In Brief, 96:298
– Kevlar, repleading of geographic market allowed (E.D. Va.), 97:289
– Rayon mislabeled as bamboo, marketers will stop making claims (FTC), 97:168; clothing manufacturer to cease making claims, 97:479

TILA

See TRUTH IN LENDING ACT (TILA)

TOBACCO INDUSTRY

– Advertising costs drop for cigarettes, go up for smokeless tobacco, study shows, 97:173
– Cal., false advertising, Proposition 64 does not impose standing requirements on absent class members, class recertified (Cal.), 96:540
– Deceptive advertising, lack of facts dooms claims by smoker, summary judgment granted (S.D. Miss.), 96:646
– Health effects, RICO judgment re deceptive campaign upheld (D.C. Cir.), 96:531
– Master Settlement Agreement

– – Branded merchandise, cigarette company agrees to stop distribution, 96:22
– – Non-participating manufacturers

– – – Ark., Allocable Share Amendment found valid (8th Cir.), 97:207
– – – Ky., antitrust and constitutional allegations against competitors and attorneys general dismissed (W.D. Ky.), 96:44

– – Trade secrets, order to withhold econometric data of original participant from competitor upheld (S.D.N.Y.), 96:109

– Package descriptors, cigarette manufacturer cannot affirmatively prove FTC permission for use of terms (Mass.), 96:277
– Price fixing, expert testimony on parallel price movement sufficient to reverse summary judgment (N.M. Ct. App.), 96:380
– Robinson-Patman Act, forum selection clause governs claim against cigar maker (N.D. Ill.), 97:400

TOYS AND GAMES

See VIDEO GAMES

TRADE SECRETS

– Jeans, retailer customer lists are protected from discovery (Cal. Ct. App.), 96:221
– Lack of detail in complaint does not render suit baseless, counterclaim dismissed (E.D. Mich.), 97:430
– Tobacco Master Settlement Agreement, order to withhold econometric data of original participant from competitor upheld (S.D.N.Y.), 96:109

TRADEMARKS

– Merger of claims (N.D. Cal.), In Brief, 97:364
– NFL and teams constitute single entity for trademarked apparel license (U.S., rev sought), 96:184; (rev grant), 97:5

TRANSPORTATION

– Air transportation

See AIR TRANSPORTATION

– Motor vehicles

See MOTOR VEHICLES

– Railroads

See RAILROADS

– Ships and shipping

See SHIPS AND SHIPPING

TRAVEL INDUSTRY

– Airlines

See AIR TRANSPORTATION

– Convention authority antitrust claims (W.D. Mich.), In Brief, 96:242
– France, railroad fined for reservation system cartel, 96:141
– Hotel group may replead antitrust claims against golf course operators (S.D. Miss.), 97:202
– Resorts, enforcing real estate covenant on ancillary services not anticompetitive (10th Cir.), 96:180
– Timeshare telemarketers to pay civil penalties for Do-Not-Call Registry violations (M.D. Fla.), 96:88

TROUBLED ASSET RELIEF PROGRAM (TARP)

– Bank mergers, House panel holds hearing on “too big to fail” institutions, 96:263

TRUTH IN LENDING ACT (TILA)

– Class action cannot be maintained, rescinding loan transactions too individualized (U.S., rev den), 97:7
– Mortgages

– – Banking, state attorneys general and FTC granted new powers to enforce mortgage rules, 96:272
– – Damages (U.S., rev den), In Brief, 96:298
– – Foreclosure rescue, settlement reached in scheme preying on homeowners (N.D. Ill.), 96:457

– Preemption (U.S., rev den), In Brief, 96:65
– Rates, fees, disclosure, and marketing amendments

See LEGISLATION, FEDERAL, S 414

TYING ARRANGEMENTS

– Book publishing, claims against Amazon for print-on-demand arrangement may proceed (D. Me.), 97:253
– Credit cards, class waiver unenforceable where individual merchant recovery too small (2d Cir.), 96:129
– Health care

– – Eye surgery, equipment maker fails to satisfy flexible plausibility pleading standard (S.D.N.Y.), 96:212
– – Hospitals, surgery center claims may proceed (Cal. Ct. App.), 96:20
– – Nuclear medical devices, pleadings in counterclaims lack sufficient detail (D. Utah), 97:144

– Real estate, forcing buyer to purchase unwanted service does not harm competition, dismissal affirmed (9th Cir.), 97:139
– Stuffed animals combined with online games, seller does not have substantial economic power (E.D. Mich.), 97:324
– Telecommunications, claims by PBX systems service providers may proceed (D.N.J.), 97:327
– Toasted sandwich restaurant franchises, definition of market too narrow (W.D. Pa.), 97:18
– Vodka, retailer fails to adequately state tying claim (N.Y. App. Div.), 97:17
– Web browsers, European Committee for Interoperable Systems given interested third party status in Microsoft challenge, 96:384