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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: 3.6/day

Last Entry: July 14, 2015 at 19:48:00

Consumer Can Pursue Claim That

Posted on February 19, 2010
Consumer Can Pursue Claim That ?Greenlist? Label Was MisleadingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A class action complaint alleging that a ?Greenlist? label used by household cleaning products manufacturer S...

Supplement Purchasers Allowed to

Posted on February 18, 2010
Supplement Purchasers Allowed to Proceed with Unfair Competition Class Action This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.An order denying certification in a consumer?s California Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) class action against the nutritional supplement retailer GNC was reversed because the trial court?s opinion was based on improper legal criteria and incorrect legal assumptions, according to a California appellate court...

Senate Banking Committee at Impasse

Posted on February 17, 2010
Senate Banking Committee at Impasse over New Financial Consumer Protection Agency This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Democrats and Republicans on the Senate Banking Committee have failed to agree on the creation of a new financial consumer protection agency...

Price Fixing Claims Against Urethane

Posted on February 17, 2010
Price Fixing Claims Against Urethane Producers Take ShapeThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.In multidistrict litigation consisting of numerous putative class action lawsuits alleging a conspiracy among urethane chemical producers to fix prices of polyether polyol products, 56 opt-out plaintiffs sufficiently alleged a federal antitrust claim based on charges of conspiratorial conduct prior to 1999, the federal district court in Kansas City, Kansas, has ruled...

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U.S. Not Immune from Suit for False

Posted on February 12, 2010
U.S. Not Immune from Suit for False AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The United States was not immune from a software company's claim that the Department of Justice violated the Lanham Act by falsely representing that the company's TrustedAgent product would be included in DOJ?s information security solution for Federal Information Security Management Act compliance, the federal district court in the District of Columbia has ruled...

NCAA Fails to Obtain Dismissal

Posted on February 11, 2010
NCAA Fails to Obtain Dismissal of Ex-College Basketball Player?s Antitrust ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Edward O?Bannon, a member of the University of California, Los Angeles men?s basketball team in the early 1990s, can proceed with antitrust claims against the National Collegiate Athletic Association (NCAA) and its ?licensing arm? for excluding him and other college athletes from the licensing market, the federal district court in Oakland decided on February 8...

HIV Drug Maker Could Have Violated

Posted on February 10, 2010
HIV Drug Maker Could Have Violated Federal Antitrust Law Through Price HikeThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.HIV patients and their medical plans directly purchasing protease inhibitor (PI) drugs to fight the disease sufficiently alleged that the manufacturer of a PI drug marketed under the name ?Norvir,? which had been found to boost the effectiveness of other PI drugs, could have violated federal antitrust law in several ways by raising the price of stand-alone Norvir over 400 percent, the federal district court in Oakland, California, has ruled...

Review of Horizontal Merger Guidelines

Posted on February 09, 2010
Review of Horizontal Merger Guidelines Likely to Result in Update: Antitrust Division OfficialThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A joint review of the Horizontal Merger Guidelines by the federal antitrust agencies is likely to result in an update of the guidelines, said Molly S...

Justice Department Opposes New

Posted on February 09, 2010
Justice Department Opposes New Google Book SettlementThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Despite the substantial progress reflected in the proposed amended settlement agreement in The Authors Guild Inc. et al...

California?s Tax Authority Joins

Posted on February 05, 2010
California?s Tax Authority Joins New York?s in Going After Franchisors This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.As most franchise practitioners know by now, New York recently enacted a statute amending Sec...

FTC Proposes Rule for Combating

Posted on February 04, 2010
FTC Proposes Rule for Combating Rogue Mortgage Assistance Relief ServicesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Providers of mortgage assistance relief services?or MARS?would be prohibited from engaging in unfair and deceptive practices, under a proposed Federal Trade Commission rule announced today...

Pennsylvania Residents Can Proceed

Posted on February 03, 2010
Pennsylvania Residents Can Proceed with Trespass Claims over Google ?Street View?This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Two Pennsylvania residents (the Borings) could go forward with common-law trespass claims against Internet search-engine operator Google for photographing their residence, outbuildings, and swimming pool and including the photographs in Google's "Street View" option for its online map service, the U...

Intel?s Motion for Disqualification

Posted on February 02, 2010
Intel?s Motion for Disqualification of Commissioner RejectedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC on January 19 issued an opinion in which it denied Intel Corporation?s motion to disqualify Commissioner J...

Magazine Shielded from Suit for

Posted on February 01, 2010
Magazine Shielded from Suit for Placing Musicians? Names Near Tobacco AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Rolling Stone magazine?s feature article ?Indie Rock Universe??presented in a gatefold format enclosed in full-page cigarette advertising?was fully protected noncommercial speech, a California appellate court has ruled...

High Court Further Delineates RICO?s

Posted on January 29, 2010
High Court Further Delineates RICO?s Causation RequirementThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The City of New York was not directly injured by an out-of-state vendor?s failure to file Jenkins Act reports with the tobacco tax administrator of New York State, the U...

Direct Marketing Association Releases

Posted on January 28, 2010
Direct Marketing Association Releases New Guidelines for Endorsements, TestimonialsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The Direct Marketing Association (DMA) announced on January 25 that its Board of Directors has approved recommended changes to DMA?s Guidelines for Ethical Business Practice for testimonials and endorsements in all channels...

Premerger Notification Thresholds

Posted on January 27, 2010
Premerger Notification Thresholds Adjusted Downward for 2010This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has revised its thresholds for acquisitions and mergers subject to the report-and-wait requirements of the Hart-Scott-Rodino (HSR) Act...

Ticketmaster/Live Nation Combination

Posted on January 26, 2010
Ticketmaster/Live Nation Combination Gains Antitrust ApprovalThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In order to proceed with its proposed acquisition of concert promoter Live Nation, Inc., ticket seller Ticketmaster Entertainment, Inc...

Cruise Passengers' State Unfair

Posted on January 25, 2010
Cruise Passengers' State Unfair Trade Practices Act Claims Preempted by Admiralty LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Art purchasers could not maintain Washington Consumer Protection Act, Connecticut Unfair Trade Practices Act, and Florida Deceptive and Unfair Trade Practices Act claims against a seller of art at auctions on cruise ships that were governed by admiralty law, according to the federal district court in Seattle...

License Agreement Was Not ?Franchise?

Posted on January 22, 2010
License Agreement Was Not ?Franchise? Under FTC RuleThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.An agreement that permitted a dealer to produce, sell, and install a licensor?s patented and trademarked gutters in a limited territory was not a "franchise" under the meaning of the FTC franchise disclosure rule, a federal district court in Florence, South Carolina, has ruled...

Cable TV Subscribers May Bring

Posted on January 21, 2010
Cable TV Subscribers May Bring Class Antitrust Action Against ProviderThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A proposed class of approximately two million non-basic cable television programming service customers in the Philadelphia area were entitled to proceed as a class with antitrust claims against their cable provider, Comcast Corporation, because they sufficiently demonstrated that common issues of law and fact predominated over individual matters in the litigation, the federal district court in Philadelphia has ruled...

New Jersey Expands Coverage of

Posted on January 20, 2010
New Jersey Expands Coverage of Franchise Practices ActThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide, and John W. Arden.Legislation to extend protections of the New Jersey Franchise Practices Act to wholesale distribution businesses was signed into law on January 16...

?Pay-for-Delay? Deals Keep Generic

Posted on January 19, 2010
?Pay-for-Delay? Deals Keep Generic Drugs Off Market, Cost Consumers Billions: FTC StudyThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.?Pay-for-delay? patent litigation settlement agreements cost U.S. consumers an estimated $3...

Justices Needle Counsel in Oral

Posted on January 18, 2010
Justices Needle Counsel in Oral Argument of NFL Licensing Antitrust CaseThis posting was written by John W. Arden.While NFL teams prepared to do battle in league divisional playoff games, lawyers clashed in the U.S. Supreme Court last Wednesday on whether the NFL and its 32 teams engaged in an illegal antitrust conspiracy by granting an exclusive trademark license to apparel manufacturer Reebok International...

Second Circuit Revives Consumers?

Posted on January 14, 2010
Second Circuit Revives Consumers? Price Fixing Claims Against Major Music LabelsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Consumers who claimed they were overcharged for Internet music can proceed with an antitrust action against the country?s largest music recording companies for conspiring to fix prices and terms of use for music sold over the Internet, the U...

Price Discrimination Judgment Against

Posted on January 13, 2010
Price Discrimination Judgment Against Food Manufacturer, Food Service VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Because a complaining regional food distributor and the world?s largest food service management company were not ?competing purchasers? for purposes of the Robinson-Patman Act, the U...

Invalid Market Definition Dooms

Posted on January 12, 2010
Invalid Market Definition Dooms Physicians? Claim of Exclusion from NetworkThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A cardiology practice group and its member physicians could not maintain claims that an operator of several Arkansas hospitals conspired with insurers to restrain trade and monopolized, attempted to monopolize, and conspired to monopolize the market for in-hospital cardiology services in central Arkansas by excluding the group from health insurance network coverage, the U...

Congress Should Ban ?Pay-for-Delay?

Posted on January 12, 2010
Congress Should Ban ?Pay-for-Delay? Drug Patent Settlements: Consumer GroupsThis posting was written by John W. Arden.In a letter sent yesterday, the American Antitrust Institute and six consumer groups urged Congressional leaders to include a ban on so-called ?pay-for-delay? drug patent settlements in the final health reform legislation under consideration by the Senate and the House of Representatives...

Pharmaceutical Companies Agree

Posted on January 08, 2010
Pharmaceutical Companies Agree to Settle Multi-State Antitrust SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Abbott Laboratories and Fournier Industrie et Sante and Laboratories Fournier, S.A. have agreed to settle an antitrust action brought by 23 states and the District of Columbia, alleging that they conspired to block generic competition for the cholesterol-lowering drug Tricor...

FTC Seeks Public Comment on Children?s

Posted on January 07, 2010
FTC Seeks Public Comment on Children?s Online Privacy ProgramThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The Federal Trade Commission is seeking public comment on proposed guidelines to help website operators comply with the FTC?s Children?s Online Privacy Protection Rule, the FTC announced on January 6...

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