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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

Price Fixing Claims Against Title

Posted on November 25, 2009
Price Fixing Claims Against Title Insurers DismissedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Groups of title insurance companies did not engage in a price fixing conspiracy in violation of federal or California antitrust law through their participation in rate-setting organizations in several states, the federal district court in San Francisco has decided in an unpublished opinion...

Franchisor Could Have Illegally

Posted on November 24, 2009
Franchisor Could Have Illegally Tied Supplies to FranchisesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisee of 13 fast food restaurants adequately alleged a tying arrangement against a franchisor under a Kodak lock-in theory, according the federal district court in Columbus, Ohio...

Nationwide Class Certified in ?Click

Posted on November 23, 2009
Nationwide Class Certified in ?Click Fraud? Action under California Unfair Competition LawThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A nationwide class was certified by the federal district court in Los Angeles in an action against online advertising service provider Citysearch for breach of contract and fraudulent business practices in violation the California Unfair Competition Law...

Contractor Could Proceed with RICO

Posted on November 20, 2009
Contractor Could Proceed with RICO Claim Alleging Extortionate Credit LineThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.A construction contractor sufficiently alleged a RICO conspiracy by three individuals who allegedly engaged in a scheme to force the contractor to accept an extortionate line of credit, the federal district court in Cleveland has ruled...

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$4.8 Million Gift Card Controversy

Posted on November 19, 2009
$4.8 Million Gift Card Controversy Sent Back to State CourtThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Because the amount in controversy in a lawsuit on behalf of New Jersey purchasers of Landry's Restaurants gift cards was at most $4...

Revised Google Book Settlement

Posted on November 18, 2009
Revised Google Book Settlement Attempts to Address U.S. Competition ConcernsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.After consulting with the U.S. Department of Justice, lawyers representing the parties in a copyright dispute brought by authors and publishers against online search engine Google have filed a revised settlement agreement with the federal district court in New York City...

Gift Card and Certificate Fees,

Posted on November 17, 2009
Gift Card and Certificate Fees, Expiration Dates Would Be Limited by Proposed RulesThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The Federal Reserve Board has announced proposed rules that would restrict the application of fees and expiration dates to store gift cards, gift certificates, and general-use prepaid cards...

Two Intended FTC Nominees Announced

Posted on November 17, 2009
Two Intended FTC Nominees Announced by White HouseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Update: Nominations for the two FTC Commissioners were sent to the Senate on November 17. Julie Brill was nominated to serve a seven-year term from September 26, 2009...

Class Certification Denied in Prepaid

Posted on November 16, 2009
Class Certification Denied in Prepaid Calling Card Consumer Fraud CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a suit alleging that prepaid calling card service providers violated the consumer fraud acts of 11 states by marketing cards providing less than the advertised number of calling minutes, the federal district court in Brooklyn denied class certification...

Focus on Franchising This

Posted on November 13, 2009
Focus on Franchising This posting was written by John W. Arden. News and notes on franchising and distribution topics: ? The U.S. Supreme Court has scheduled oral argument on January 19, 2010, on Mac?s Shell Service Inc. v. Shell Oil Products Co...

Principal and Sales Rep Could

Posted on November 12, 2009
Principal and Sales Rep Could Be Liable for Attorney?s Fees on Separate Claims This posting was written by John R.F. Baer of Sonnenschein Nath & Rosenthal, author of CCH Sales Representative Law Guide. When a sales representative presented two claims against its principal, one for pre-termination commissions and one for post-termination commissions, the claims were to be treated separately for determining whether to award attorney?s fees and costs under the New Jersey Sales Representatives? Rights Law, a New Jersey appellate court has ruled...

NFL Cannot Remove Judge from Oversight

Posted on November 11, 2009
NFL Cannot Remove Judge from Oversight Authority for Antitrust Consent DecreeThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A federal district court judge can continue to oversee a 1993 settlement agreement that resolved an antitrust class action brought on behalf of professional football players against the National Football League, the U...

After U.S. Clearance, EC Questions

Posted on November 10, 2009
After U.S. Clearance, EC Questions Oracle?s Acquisition of SunThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Oracle Corporation announced on November 9 that the European Commission (EC) has issued a statement of objections (SO) concerning the company?s proposed acquisition of Sun Microsystems Inc...

Australian Commission May Audit

Posted on November 09, 2009
Australian Commission May Audit Franchisors, Seek Redress for Franchisees, Provide WarningsThis posting was written by John W. Arden.Amendments to the Australian Franchising Code of Conduct, announced on November 5, will enable the Australian Competition and Consumer Commission to conduct random audits of compliance with the Code, seek redress on behalf of all franchisees subject to a particular franchise agreement, and issue public warnings ?about rogue or unscrupulous? franchisors...

Using Motor Vehicle Data to Solicit

Posted on November 06, 2009
Using Motor Vehicle Data to Solicit Legal Clients Would Violate Federal Privacy LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A purported class of individuals could pursue claims against attorneys for violating the Driver's Privacy Protection Act (DPPA) by unlawfully obtaining personal information pursuant to the Freedom of Information Act (FOIA) from the South Carolina Department of Motor Vehicles (SCDMV) for the impermissible purpose of soliciting clients, the federal district court in Greenville, South Carolina has ruled...

Facebook Privacy Settlement Gets

Posted on November 05, 2009
Facebook Privacy Settlement Gets Initial OK; Intervention DeniedThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A proposed settlement between social networking website operator Facebook and a class consisting of Facebook members, resolving privacy claims over Facebook?s ?Beacon? advertising program, has been preliminarily approved by the federal district court in San Jose...

New York State Charges Intel with

Posted on November 04, 2009
New York State Charges Intel with MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Intel Corporation unlawfully maintained its monopoly in the market for x86 central processing unit (CPUs) in violation of New York?s Donnelly Act and Sec...

Pulse Oximeter Maker Liable for

Posted on November 03, 2009
Pulse Oximeter Maker Liable for Sole Source Discounts, Not BudlingThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A federal district court in California did not err in discarding a jury's finding that a manufacturer of pulse oximeters violated federal antitrust law through its offering of bundled discounts to customers, but confirming the jury's liability finding on two other bases, the U...

Federal Antitrust Agencies Advise

Posted on September 30, 2009
Federal Antitrust Agencies Advise High Court to Vacate NFL Licensing DecisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal antitrust agencies filed a joint amicus curiae brief in the U.S. Supreme Court, recommending that the Court vacate a decision of the U...

Agency Heads Discuss Antitrust

Posted on September 29, 2009
Agency Heads Discuss Antitrust Convergence, Recent Developments This posting was written by Jefrey May, Editor of CCH Trade Regulation Reporter.Speaking on the topic of international convergence at Fordham University?s 36th Annual Conference on International Antitrust Law and Policy, the heads of the two federal antitrust agencies commented on increased convergence between their respective agencies...

California Consumer Class Actions

Posted on September 28, 2009
California Consumer Class Actions Against Apple DismissedThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Two class actions?claiming that Apple violated California Unfair Competition Law (UCL) and Consumer Legal Remedies Act (CLRA) by manufacturing defective computers?were dismissed by the federal district court in San Jose...

Insurance Agent Could Be ?Franchisee?

Posted on September 25, 2009
Insurance Agent Could Be ?Franchisee? Under Michigan Franchise Sales LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The Michigan Franchise Investment Law could apply to insurance agency contracts, the federal district court in Detroit has decided...

Antitrust Division Commits to Examine

Posted on September 24, 2009
Antitrust Division Commits to Examine Competition in Dairy IndustryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Christine A. Varney, Assistant Attorney General in charge of the Department of Justice Antitrust Division, told attendees of a field hearing of the Senate Judiciary Committee in St...

Store-Brand ?Compare To? Statements

Posted on September 23, 2009
Store-Brand ?Compare To? Statements Could Be False AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.?Compare To? statements by a manufacturer of store brand joint care dietary supplements (Perrigo Company) were not mere puffery and could constitute false advertising under the Lanham Act and New York law, the federal district court in Central Islip New York has ruled...

Justice Department, States Object

Posted on September 22, 2009
Justice Department, States Object to Google Book Search Settlement This posting was written by Janette Spencer-Davis, Editor of CCH Copyright Law Reporter, and Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice and five state attorneys general were among the hundreds of commenters objecting to the settlement agreement between Google and the Association of American Publishers and the Authors Guild...

FTC, Justice Department to

Posted on September 22, 2009
FTC, Justice Department to Explore Updating Merger Guidelines This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. The Horizontal Merger Guidelines, which are used by the federal antitrust agencies to evaluate the potential competitive effects of mergers and acquisitions, will be the subject of a series of upcoming public workshops...

Antitrust Goes to the Movies: The

Posted on September 18, 2009
Antitrust Goes to the Movies: The Informant!This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.It?s been nearly 13 years since the U.S. Department of Justice announced what was at the time the largest criminal antitrust fine in history...

Dell Agrees to $4 Million Restitution,

Posted on September 17, 2009
Dell Agrees to $4 Million Restitution, Penalties to Settle False Advertising Case This posting was written by William Zale, Editor of CCH Advertising Law Guide.New York Attorney General Andrew M. Cuomo has announced that Dell and its subsidiary, Dell Financial Services (DFS), have agreed to pay the attorney general?s office $4 million in restitution, penalties, and costs to resolve charges of fraudulent and deceptive business practices that scammed consumers across New York State...

Consumer, Privacy Groups Call for

Posted on September 16, 2009
Consumer, Privacy Groups Call for Federal Regulation of Online Tracking This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A coalition of ten consumer and privacy advocacy organizations issued a statement on September 1, calling on Congress to enact legislation to protect consumer privacy in response to threats from the growing practices of online behavioral tracking and targeting...

Settlements, Fees Upheld in Antitrust

Posted on September 15, 2009
Settlements, Fees Upheld in Antitrust Class Action Against InsurersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a class action alleging a bid rigging and market allocation conspiracy between insurance brokers and insurance carriers, the U...

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