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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

Website Commenter Did Not Waive

Posted on January 06, 2010
Website Commenter Did Not Waive First Amendment Right to AnonymityThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.An anonymous poster of a comment on a newspaper website did not waive his or her First Amendment right to remain anonymous by registering for an account with the website, the federal district court in Kansas City has ruled...

Antitrust Institute Picks "Best"

Posted on January 05, 2010
Antitrust Institute Picks "Best" and "Worst" Developments of DecadeThis posting was written by John W. Arden.When it came to antitrust developments during the last decade, the FTC and the European Commission were heroes, while the U.S. Supreme Court and the Bush Administration were zeros, according to rankings published last week by the American Antitrust Institute (AAI)...

FTC Orders Marketers of ?Cancer

Posted on January 05, 2010
FTC Orders Marketers of ?Cancer Cures? to Stop Deceptive ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A unanimous Federal Trade Commission (FTC) has concluded that Daniel Chapter One, an herbal products company, and its executive violated the FTC Act while marketing four dietary supplements?BioShark, 7 Herb Formula, GDU, and BioMixx?as cancer cures and treatments...

Justice Department Suggests Modifications

Posted on January 02, 2010
Justice Department Suggests Modifications to Airline AllianceThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Department of Justice has sent comments to the Department of Transportation, suggesting that an application of antitrust immunity for an airline alliance involving American Airlines, Inc...

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Continuity and Change Were FTC

Posted on December 31, 2009
Continuity and Change Were FTC Themes for 2009This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a speech to attendees of the American Bar Association?s Section of Antitrust Law Spring Meeting in Washington, D.C. in March, the newly-appointed FTC Chairman Jon Leibowitz said that he intended to build on the accomplishments of past FTC chairs and that therewould be continuity in enforcement...

New Administration Signals New

Posted on December 30, 2009
New Administration Signals New Enforcement Priorities for 2009 Antitrust DivisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A new administration meant new leadership and new enforcement priorities at the Department of Justice Antitrust Division in 2009...

New York?s Intel Suit Was Highlight

Posted on December 29, 2009
New York?s Intel Suit Was Highlight of 2009 State Antitrust Enforcement This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a busy year for state antitrust enforcers, the biggest news story for 2009 was New York State?s filing of a monopoly complaint against computer chip maker Intel Corporation...

T-Mobile Awarded Injunction, Damages

Posted on December 28, 2009
T-Mobile Awarded Injunction, Damages for Competitor?s Violation of Unfair Competition LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.T-Mobile USA, Inc. was granted a permanent injunction and a final judgment of $5 million against competitors that sold counterfeit products, illegally used T-Mobile's trademark, and falsely advertised its products in violation of the California Unfair Competition Law (UCL), according to the federal district court in Los Angeles...

Trade Regulation Talk Cited as

Posted on December 27, 2009
Trade Regulation Talk Cited as Top 10 Business Law BlogThis posting was written by John W. Arden.Trade Regulation Talk was listed in the top 10 of the ?50 Great Business Law Blogs? selected by the Career Overview website on December 10.The 50 blogs were described as ?filled with news, legislation, cases and counsel that every lawyer can read and use...

Reliance Not Required for RICO

Posted on December 23, 2009
Reliance Not Required for RICO Claim Predicated on Mail Fraud . . . This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A district court erred in holding that reliance was an element of a RICO claim predicated on mail fraud, the U...

Absent Community of Interest, Distributor

Posted on December 22, 2009
Absent Community of Interest, Distributor Was Not Wisconsin ?Dealer?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The relationship between a hardwood flooring distributor and a manufacturer was not a "dealership" under the meaning of the Wisconsin Fair Dealership Law (WFDL) because the relationship did not involve a "community of interest," according to a federal district court in Milwaukee...

European Commission, Microsoft

Posted on December 21, 2009
European Commission, Microsoft Settle Dispute over Browser TyingThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The European Commission (EC) adopted a decision on December 16 that renders legally binding a set of commitments that were offered by Microsoft to boost competition on the web browser market...

Class Certified in Privacy Action

Posted on December 21, 2009
Class Certified in Privacy Action over Sale of Missouri Driver?s License DataThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Class certification has been granted by the federal district court in Kansas City to Missouri residents whose personal information was allegedly obtained by a data mining company from the Missouri Department of Revenue and sold to an online database operator, in violation of the federal Driver?s Privacy Protection Act (CCH Privacy Law in Marketing �25,500)...

Self-Insured Employer May Sue Medical

Posted on December 18, 2009
Self-Insured Employer May Sue Medical Device Maker for False Ads, DeceptionThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A self-insured employer (Kinetic Co.) had standing to sue a medical device manufacturer (Medtronic, Inc...

Motor Vehicle Dealership Reinstatement

Posted on December 17, 2009
Motor Vehicle Dealership Reinstatement Measure Signed into LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.More than 2,000 motor vehicle dealers that had their franchises terminated in connection with the federal government-funded restructuring of General Motors and Chrysler earlier this year now have an opportunity to seek reinstatement of their franchises under legislation signed yesterday by President Obama...

FTC Sues Intel for MonopolizationThis

Posted on December 16, 2009
FTC Sues Intel for MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission (FTC) announced today that it has issued an administrative complaint against Intel Corporation for engaging in monopolization...

Senate Committee Hears from FTC

Posted on December 15, 2009
Senate Committee Hears from FTC NomineesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The two nominees to serve as commissioners at the Federal Trade Commission testified today before the Senate Commerce, Science and Transportation Committee...

National Banks? ?No Fee? Gift Card

Posted on December 14, 2009
National Banks? ?No Fee? Gift Card Ads Could Violate State Consumer LawsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In two suits against that TD Bank, N.A. and Commerce Bank, N.A., consumer claims that the banks deceptively advertised ?no fee? gift cards in violation of state consumer protection laws were not preempted by the National Bank Act or federal regulations, the federal district courts in Philadelphia and Camden, New Jersey have ruled...

FTC Hears Views on Regulation of

Posted on December 11, 2009
FTC Hears Views on Regulation of Online Privacy This posting appeared in the December 15, 2009 issue of Telecommunications Reports.One member of the Federal Trade Commission has called for "comprehensive privacy legislation," while the agency's chairman has offered a more measured aspiration for a regulatory approach to online privacy, intended to serve both consumers and companies that track them better than the status quo...

EU Adopts New Rules on Data Breaches,

Posted on December 10, 2009
EU Adopts New Rules on Data Breaches, Cookies, SpywareThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Telecommunications service providers in European Union member states will be required to notify customers of security breaches that compromise their personal data, under new amendments to the EU?s Directive on Privacy and Electronic Communications ("ePrivacy Directive,? CCH Privacy Law in Marketing �40,110)...

High Court Hears Arguments on Class

Posted on December 09, 2009
High Court Hears Arguments on Class Arbitration in Price Fixing CaseThis posting was written by John W. Arden.The U.S. Supreme Court today heard arguments on whether the Federal Arbitration Act (FAA) permits the imposition of class arbitration when the parties? agreement is silent on the issue...

Exclusive Dealing Suit Proceeds

Posted on December 08, 2009
Exclusive Dealing Suit Proceeds to TrialThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A medical products company could have illegally foreclosed competition in the U.S. market for sharps containers in violation of federal antitrust law by offering purchasers discounts and rebates under market share contracts and by entering in exclusive contracts with group purchasing organizations (GPOs), the federal district court in Boston has ruled...

Short Seller's Price Fixing Claims

Posted on December 07, 2009
Short Seller's Price Fixing Claims Against ?Prime Brokers? BarredThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal securities law preempted a claim against large financial institutions that served as ?prime brokers? in short sale transactions for artificially inflating fees imposed on short sellers in violation of the antitrust laws, the U...

Trade Regulation TidbitsThis posting

Posted on December 04, 2009
Trade Regulation TidbitsThis posting was written by Jeffrey May and John W. Arden.News, updates, and observations:? On November 27, the European Commission (EC) announced the appointment of Joaquin Alumnia as the new Commissioner-designate for Competition, for a term running through October 31, 2014...

Enfamil Ad Claims Enjoined; Store

Posted on December 03, 2009
Enfamil Ad Claims Enjoined; Store Brand Awarded $13.5 MillionThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A jury awarded $13.5 million to store brand infant formula producer PBM Products on a finding that Mead Johnson & Co...

Franchisee?s Solicitation of

Posted on December 02, 2009
Franchisee?s Solicitation of Minor over Internet Warranted Immediate Termination This posting was written by John W. Arden. A franchisee?s arrest for soliciting a minor over the Internet warranted immediate termination of a franchise, without an opportunity to cure, under a ?Damage to Goodwill? provision of the franchise agreement, according to a Florida circuit court...

Recent Acquisition Challenges Reflect

Posted on December 01, 2009
Recent Acquisition Challenges Reflect Federal/State Antitrust CooperationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission and the Department of Justice Antitrust Division have separately announced two recent acquisition challenges that reflect federal and state antitrust cooperation...

Franchisor?s Eviction Was ?Expiration?

Posted on November 30, 2009
Franchisor?s Eviction Was ?Expiration? of Lease Under the Federal Gasoline Dealer LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.An oil company?s eviction for nonpayment of rent from the premises on which it franchised a gasoline station qualified as a "loss of the franchisor?s right to grant possession of the leased marketing premises through expiration of an underlying lease" under the meaning of the Petroleum Marketing Practices Act (PMPA), according to a federal district court in San Juan, Puerto Rico...

AstraZeneca Not Liable For Marketing

Posted on November 28, 2009
AstraZeneca Not Liable For Marketing of Nexium This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A group of consumers alleging false advertising in the sale of heartburn medication failed to state an Arkansas Deceptive Trade Practices Act (DTPA) claim against AstraZeneca Pharmaceuticals, Inc...

Discontinuation of Truck Line Did

Posted on November 26, 2009
Discontinuation of Truck Line Did Not Terminate FranchiseThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A truck manufacturer and one of its subsidiaries did not terminate, cancel, or fail to renew a truck dealer?s franchise when they discontinued the production of the subsidiary?s truck line because the dealer continued to have the right to sell parts and provide service for the manufacturer?s products, a federal district court in Brattleboro, Vermont, has ruled...

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