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International Law

Trade Regulation Talk

John W. Arden is the Executive Editorial Director for the CCH Trade Regulation group of Wolters Kluwer Law & Business, a leading provider of research information and workflow solutions in antitrust and trade regulation, as well as other key specialty areas. He has written and edited legal publications for more than 25 years, focusing on the areas of antitrust, advertising, franchising and distribution law, and intellectual property.

Post Frequency: 7.7/day

Last Entry: May 02, 2013 at 15:09:00

Mergers Reported under HSR Act Down Slightly in FY 2012

Posted on May 02, 2013
This posting was written by Tobias J. Gillett, Contributor to Wolters Kluwer Antitrust Law Daily. The number of mergers reported under the Hart-Scott-Rodino (HSR) Premerger Notification Program between October 1, 2011 and September 30, 2012 decreased approximately 1...

Supreme Court Will Not Review Application of ?Single Publication Rule? Barring Chuck Yeager?s Publicity Rights, Lanham Act Claims

Posted on May 01, 2013
This posting was written by John W. Arden.The U.S. Supreme Court has refused to review the Ninth Circuit?s application of the ?single publication rule? to an allegedly unauthorized endorsement posted on a website in 2003, effectively barring on statute of limitations grounds Chuck Yeager?s claims brought under California right of privacy and publicity laws and the federal Lanham Act...

Food Distributor Not Enjoined From Selling Refined Olive Oil as ?100% Pure?

Posted on April 29, 2013
This posting was written by Jody Coultas, Editor of CCH Unfair Trade Practices Law.The federal district court in New York City declined to enjoin food distributor Kangadis Food Inc. from selling refined olive oil labeled as "100% Pure Olive Oil" (North American Olive Oil Association v...

British Columbia Law Institute Seeks Public Comment on Franchise Law Proposal

Posted on April 26, 2013
This posting was written by John W. Arden.The British Columbia Law Institute (BCLI) is soliciting public comments on its recently-issued consultation paper recommending that the province enact franchise legislation similar to existing franchise laws in Alberta, Manitoba, New Brunswick, Ontario, and Prince Edward Island...

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Gun Dealer Failed To State Antitrust Claims Against Village, Trustees Over License Law Changes

Posted on April 24, 2013
This posting was written by Jody Coultas, Contributor to Wolters Kluwer Antitrust Law Daily.A gun dealer failed to state Sherman Act, Section 1 or Lanham Act commercial disparagement claims against the Village of Norridge, Illinois, stemming from a change in an ordinance that may force the gun dealer to close up shop, according to the federal district court in Chicago (Kole v...

Brewers Resolve U.S. Concerns over Merger, Agree to Divest Modelo?s U.S. Business

Posted on April 21, 2013
This posting was written by Jeffrey May, Editor of Trade Regulation Reporter.Anheuser-Busch InBev SA/NV (ABI) has resolved Department of Justice Antitrust Division concerns over its proposed acquisition of the remaining stake in Grupo Modelo S.A.B. de C...

Antitrust Division Will No Longer ?Carve-Out? from Corporate Plea Agreements Employees Not Believed to Be Culpable: Baer

Posted on April 16, 2013
This posting was written by John W. Arden.On April 12, the Department of Justice Antitrust Division announced a change in the Division?s "carve-out" practice regarding corporate plea agreements, stating an intent to continue to exclude (or "carve out") from plea agreements employees believed to be culpable, but not to carve out employees for reasons unrelated to culpability, such as refusal to cooperate with an investigation...

Natural Gas Act Did Not Preempt Retail Natural Gas Buyers? State Antitrust Claims

Posted on April 14, 2013
This posting was written by William Zale, contributor to Wolters Kluwer Antitrust Law Daily.Section 5(a) of the Natural Gas Act did not preempt retail natural gas buyers? claims under state antitrust laws in multidistrict litigation against natural gas traders for price manipulation associated with transactions falling outside of the jurisdiction of the Federal Energy Regulatory Commission (FERC), the U...

Navajo Nation Stated Infringement, Dilution Claims for Using Navajo Marks and Falsely Suggesting Origin of Products

Posted on April 12, 2013
This posting was written by Jody Coultas, Editor of State Unfair Trade Practices Law and contributor to Antitrust Law Daily.The federal district court in Albuquerque has denied in part fashion retailer Urban Outfitters, Inc.?s motion to dismiss trademark infringement and dilution claims brought by the Navajo Nation (The Navajo Nation v...

$140 Million Jury Verdict in Favor of Kaiser in Neurontin Off-Label Marketing Case Upheld

Posted on April 09, 2013
This posting was written by Jody Coultas, Contributor to Wolters Kluwer Antitrust Law Daily. The U.S. Court of Appeals in Boston affirmed verdicts of over $140 million, reached by both a jury and trial court, in favor of Kaiser Foundation Health Plan, Inc...

Hair Transplant Provider Settles FTC Charges That It Exchanged Competitively Sensitive Information with Rival Hair Club

Posted on April 09, 2013
This posting was written by Jeffrey May, Editor of Trade Regulation Reporter. "For at least four years, Bosley?s and Hair Club?s chief executive officers repeatedly exchanged competitively sensitive, nonpublic information regarding aspects of their firms? surgical hair transplantation business," the FTC alleged in a complaint announced today against Bosley, Inc...

?Humanely Raised? Chicken Label Might Violate New Jersey Consumer Fraud Act

Posted on April 08, 2013
This posting was written by John W. Arden.Allegations that Perdue "Harvestland" chicken products misled consumers regarding the "humane" treatment of chickens, a purported endorsement by the U.S. Department of Agriculture, and the difference between the treatment of "Harvestland" chickens and those of competitors stated claims for violation of the New Jersey Consumer Fraud Act, fraud in the inducement, negligent misrepresentation, and breach of express warranty, according to the federal district court in Newark (Hemy v...

$571 Million Settlement Approved in TFT-LCD Indirect Purchaser Action

Posted on April 06, 2013
This posting was written by Jeffrey May, Editor of Trade Regulation Reporter.The federal district court in San Francisco has given final approval to a $571 million settlement on behalf of indirect purchasers of thin-film transistor liquid crystal display (TFT-LCD) panels (In Re: TFT-LCD (Flat Panel) Antitrust Litigation, March 29, 2013, Illston, S...

Law School May Be Liable For Misrepresenting Employment Statistics

Posted on March 25, 2013
This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law. Law school alumni stated New Jersey and Delaware Consumer Fraud Act claims against an American Bar Association (?ABA?) accredited law school for misrepresenting its graduate employment rates, according to the federal district court in Newark (Harnish v...

Publisher Could Not Base False Advertising Action on Newspaper?s Inflated Circulation Claims

Posted on March 18, 2013
This posting was written by John W. Arden.A newspaper?s inflated circulation claims could not form the basis of a Lanham Act false advertising action brought by the publisher of a free television guide because the publisher did not begin soliciting advertisers until after the newspaper publicly acknowledged its misstatements and revised its circulation claims and because the inflated circulation figures were not part of a commercial campaign, according to the federal district court in Central Islip, New York (Conte v...

T-Mobile/MetroPCS Merger Receives Regulatory Approval

Posted on March 14, 2013
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The combination of T-Mobile USA Inc. and MetroPCS Communications Inc. has been approved by both the Federal Communications Commission (FCC) and the Department of Justice Antitrust Division without divestitures or similar conditions...

New York City?s Restriction on Size of Sugary Drinks Held Unconstitutional

Posted on March 14, 2013
This posting was written by John W. Arden.In adopting a health regulation limiting the sale of ?sugary drinks? to containers no larger than 16 ounces, the New York Board of Health unconstitutionally overstepped its authority under the New York City Charter, according to the New York Supreme Court, New York County (New York Statewide Coalition of Hispanic Chambers of Commerce v...

European Commission Fines Microsoft for Noncompliance with Browser Choice Commitments

Posted on March 08, 2013
This posting was written by William Zale, contributor to Antitrust Law Daily. The European Commission announced on March 6 that it has imposed a ?561 million fine on Microsoft for failing to comply with its commitments to offer users a browser choice screen enabling them to easily choose their preferred web browser...

Supreme Court Considers Enforceability of Arbitration Clause?s Class Action Waiver in Antitrust Case

Posted on March 07, 2013
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Supreme Court heard arguments yesterday regarding whether merchants alleging an antitrust violation by American Express Company are able to vindicate their rights under the Sherman Act if they are required to pursue individual arbitration...

Insurer States RICO Claim Against Personal Injury Scammers; Counterclaim Too Bare to Survive

Posted on February 14, 2013
This posting was written by E. Darius Sturmer, contributor to Antitrust Law Daily.A physician and a pair of physical therapy clinics, along with their principals, could have violated the federal RICO Act by orchestrating an alleged scheme to defraud State Farm Mutual Automobile Insurance Co...

Michigan Motor Dealers Act Amendments Do Not Apply Retroactively to Require Prior Notice of Opening New Dealership

Posted on February 12, 2013
This posting was written by Tobias J. Gillett, J.D., LLM, contributor to Antitrust Law Daily.Kia Motors may open an automobile dealer within nine miles of an existing Michigan dealership without providing notice to the dealer, despite a 2010 amendment to Michigan?s Motor Dealers Act requiring manufacturers to provide notice and an opportunity to bring a declaratory judgment action to dealers within nine miles of the new dealer, the U...

Subway Sued For Misrepresenting Length of ?Footlong? Sandwiches

Posted on January 26, 2013
This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A Subway customer filed a nationwide class action lawsuit in the federal district court in Chicago, alleging that Subway violated the consumer protection statutes of all 50 states and the District of Columbia, after measuring a ?Footlong? sandwich purchased from Subway and realizing it was less than 11 inches long (Buren v...

UPS Drops Planned Acquisition of TNT Express in Light of EC Concerns

Posted on January 16, 2013
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. United Parcel Service, Inc. (UPS) announced on January 14 that it is dropping its plans to acquire competing delivery company TNT Express N.V. in response to European Commission (EC) antitrust concerns over the deal...

Joshua Wright Sworn in as FTC Commissioner

Posted on January 15, 2013
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.FTC Chairman Jon Leibowitz welcomed Joshua D. Wright as an FTC Commissioner at a swearing-in ceremony January 11. President Obama named Wright, a Republican, to a term that ends on September 25, 2019...

Dealer?s New Hampshire Law Claims Dismissed, Based on Contractual Choice of Maine Forum

Posted on January 08, 2013
This posting was written by John W. Arden.A terminated snowplow dealer?s New Hampshire Equipment Dealership Act, Consumer Protection Act, and Antitrust Act claims against its manufacturer were dismissed without prejudice, based on a contractual choice of Maine forum, according to the federal district court in Concord, New Hampshire (Summa Humma Enterprises, LLC v...

FTC Closes Investigation into Google's Search Business But Requires Commitments Regarding Standard Essential Patent Licensing

Posted on January 05, 2013
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. The FTC announced on January 3 that it has unanimously decided to close its investigation into alleged ?search bias? by Internet search engine Google, Inc. without taking action after a 19-month investigation...

Baer Confirmed by Senate to Serve as Antitrust Chief

Posted on January 03, 2013
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Senate on December 30, 2012, confirmed William Baer to serve as Assistant Attorney General in charge of the Department of Justice Antitrust Division. The vote was 64 to 26...

Monopolization Scheme to Manipulate Crude Oil Market Adequately Alleged

Posted on December 30, 2012
This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in New York City has refused to dismiss monopoly claims against related entities that traded in physical and futures contracts for crude oil, including West Texas Intermediate grade (WTI) crude oil, for manipulating futures prices (In re Crude Oil Commodity Futures Litigation, December 21, 2012, Pauley, W...

Toyota Agrees to $1.3 Billion Settlement of Unintended Acceleration Litigation

Posted on December 29, 2012
This posting was written by John W. Arden.Toyota Motor Corp. has agreed to pay more than $1.3 billion to settle a class action alleging unlawful marketing and sales practices, as well as product liability, relating to the unintended acceleration of its vehicles (In re: Toyota Motor Corp...

Exclusive Electronic Game Distributorship Was Not a Hawaii ?Franchise?

Posted on December 22, 2012
This posting was written by John W. Arden.An exclusive Hawaii distributorship of electronic games that was not substantially associated with its supplier?s trademarks and did not pay a franchise fee to its supplier was not a ?franchise? within the Hawaii Franchise Investment Law, the federal district court in Honolulu has ruled (Prim Limited Liability Co...

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