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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

Constitutional Attack on Maine

Posted on September 14, 2009
Constitutional Attack on Maine Privacy Law Results in Negotiated Order: ChallengerThis posting was written by John W. Arden.A lawsuit challenging the constitutionality of a new Maine privacy law that prohibits the collection of personal information for marketing purposes from minors without parental consent and bars ?predatory marketing? to minors has apparently culminated in a negotiated order, according to one of the plaintiffs...

Claims that Company Schemed to

Posted on September 11, 2009
Claims that Company Schemed to Monopolize Market for Drug ProceedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pfizer Inc. and its subsidiary Warner-Lambert Company LLC have failed to convince the federal district court in Newark, New Jersey, to dismiss claims that the drug maker engaged in an "overall scheme" to monopolize the market for gabapentin anhydrous products by forestalling, if not completely preventing, generic competition for Warner-Lambert's anti-epilepsy drug Neurontin...

Facebook Agrees to Privacy Safeguards

Posted on September 10, 2009
Facebook Agrees to Privacy Safeguards After Canadian Investigation This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Online social networking site operator Facebook has agreed to add significant new privacy safeguards and make other changes in response to the Privacy Commissioner of Canada?s recent investigation into Facebook?s privacy policies and practices, the Privacy Commissioner announced on August 27...

FDA Filing by Drug Company Was

Posted on September 09, 2009
FDA Filing by Drug Company Was Not Sham Petitioning, MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in New York City has refused to disturb a jury's verdict that Sanofi-Aventis (Aventis) did not violate Section 2 of the Sherman Act by filing a petition with the Food and Drug Administration (FDA), purportedly in an effort to delay approval of generic competition to its rheumatoid-arthritis drug sold under the name ?Aravae...

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Administration Reportedly Considering

Posted on September 08, 2009
Administration Reportedly Considering Two for FTC VacanciesThis posting was written by John W. Arden.The Obama Administration is considering two candidates for open positions on the Federal Trade Commission, according to a story published by Reuters on September 3...

Do Market Concentration, Pricing

Posted on September 04, 2009
Do Market Concentration, Pricing Practices Warrant Antitrust Probe of ?Big Beer?This posting was written by John W. Arden.By announcing plans to raise beer prices during a recession, while beer demand slumps, the two major beer producers in the U.S. are ?almost begging for an antitrust review of the industry,? according to an article posted August 31 on Slate magazine?s ?The Big Money? blog...

Maine Attorney General Will

Posted on September 03, 2009
Maine Attorney General Will Not Enforce New Privacy Law for Minors This posting was written by John W. Arden. Maine Attorney General Janet Mills has announced that?because of constitutionality concerns?she will not enforce a recently-enacted state privacy law that prohibits the collection of personal information for marketing purposes from minors without parental consent and bars ?predatory marketing? to minors...

Former Pfizer Sales Rep Awarded

Posted on September 02, 2009
Former Pfizer Sales Rep Awarded $51.5 Million in Marketing Fraud SettlementThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Whistleblower lawsuits filed under the qui tam provisions of the False Claims Act triggered the government investigation that led to Pfizer?s agreement to pay $2...

FTC Raises Fees for Accessing Do-Not-Call

Posted on September 01, 2009
FTC Raises Fees for Accessing Do-Not-Call Registry . . . This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has announced increases to the fees for accessing the Telemarketing Sales Rule?s Do-Not-Call Registry...

Trade Regulation Tidbits This

Posted on August 31, 2009
Trade Regulation Tidbits This posting was written by John W. Arden. News, updates, and observations: ? A recent article in The Economist magazine asks whether the Obama Administration will back up its ?tough talk? on antitrust enforcement (?Return of the Trustbusters,? August 27 print edition)...

Remedies Imposed on Kevin Trudeau

Posted on August 28, 2009
Remedies Imposed on Kevin Trudeau for Violation of FTC Consent Decree VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Infomercial pitchman Kevin Trudeau has convinced a federal appeals court to vacate a $37.6 million sanction and a three-year ban on his appearance in infomercials awarded in a Federal Trade Commission (FTC) enforcement action...

FTC Issues Final Rule on Notification

Posted on August 27, 2009
FTC Issues Final Rule on Notification of Health Information Security BreachesThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has issued a final rule requiring certain Web-based businesses to notify consumers when the security of their electronic health information is breached...

Illinois Amends Franchise Disclosure

Posted on August 26, 2009
Illinois Amends Franchise Disclosure ActThis posting was written by John W. Arden.Legislation bringing the Illinois Franchise Disclosure Act of 1987 in line with the 2007 FTC Franchise Rule was signed by Governor Pat Quinn on August 24.The measure requires that franchise disclosure statements be prepared in accordance with the FTC Franchise Rule (16 C...

Justice Department Forces Transistor

Posted on August 25, 2009
Justice Department Forces Transistor Maker to Divest Acquired Assets . . . This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Department of Justice announced on August 20 that it has reached a proposed settlement with California-based semiconductor device maker Microsemi Corporation, requiring the company to divest all of the assets it acquired from rival Semicoa Inc...

False Claims Act Amendments Expand

Posted on August 24, 2009
False Claims Act Amendments Expand Liability for Private SectorThis posting was written by Reuben Guttman, Partner, Grant & Eisenhofer, Washington, D.C.Since the Civil War, the Federal False Claims Act (FCA), now codified at 31 U.S.C. 3729 et seq., has provided a means of redress against private entities whose ?false or fraudulent? conduct caused the loss of taxpayer dollars...

New Jersey Dealership Was Constructively

Posted on August 21, 2009
New Jersey Dealership Was Constructively Terminated Without Good CauseThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A forklift manufacturer?s actions?geared towards forcing a dealer out of its role as an authorized dealer of the manufacturer?s forklifts?amounted to constructive termination without good cause, in violation of the New Jersey Franchise Practices Act (NJFPA), according to a New Jersey appellate court...

Sunscreen Manufacturer Denied

Posted on August 20, 2009
Sunscreen Manufacturer Denied Injunction Against Comparative Ad This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law. The federal district court in Wilmington, Delaware denied a sunscreen manufacturer?s request for a preliminary injunction, filed as part of a Delaware Deceptive Trade Practices Act, against a competing manufacturer that ran a print advertisement comparing the ?sport? sunscreens produced by the two companies...

Closing of Automobile Dealerships

Posted on August 19, 2009
Closing of Automobile Dealerships Raises Termination Issues for Bankruptcy Courts This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages. With the noticed closings of so many GM and Chrysler dealerships, wrongful termination statutes have become a question before the bankruptcy courts...

Rejection of Thermostat Buyer?s

Posted on August 18, 2009
Rejection of Thermostat Buyer?s Antitrust Claims Against Honeywell UpheldThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A consumer?s putative class action?alleging that Honeywell International, Inc. violated Maine?s antitrust statute by misrepresenting its trademark on circular thermostats and threatening rival manufacturers with litigation?was properly found to have been barred by the statute of limitations and to have failed to state cognizable injury, the Maine Supreme Judicial Court has ruled...

?All Natural? State Law Consumer

Posted on August 17, 2009
?All Natural? State Law Consumer Fraud Suit Not PreemptedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Federal law does not preempt class action claims that beverage manufacturer Snapple deceptively marketed its iced tea and juice drinks as ?all natural? in violation of the New Jersey Consumer Fraud Act and common law, the U...

Facebook Not Complying with Canadian

Posted on August 14, 2009
Facebook Not Complying with Canadian Privacy Law: Report This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.In order to comply with Canadian privacy law, popular social networking website operator Facebook must take greater responsibility for the personal information in its care, according to Canadian Privacy Commissioner Jennifer Stoddart...

Focus on Franchising This

Posted on August 13, 2009
Focus on Franchising This posting was written by John W. Arden. News and notes on franchising and distribution topics: ? The Franchise and Business Opportunity Project Group of the North American Securities Administrators Association (NASAA) has proposed that states amend their franchise disclosure laws to change the delivery rules for franchise disclosure documents...

New Maine Law Bans Collection of

Posted on August 12, 2009
New Maine Law Bans Collection of Personal Information, ?Predatory Marketing? to Minors This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A new Maine statute prohibits the collection of health-related or other personal information for marketing purposes from a minor without parental consent and ?predatory marketing? to minors...

DOJ-USDA Announce Joint Workshops

Posted on August 11, 2009
DOJ-USDA Announce Joint Workshops on Antitrust Issues in Agriculture . . . This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Department of Justice announced on August 5 that it would, for the first time, hold a series of joint public workshops with the U...

Antitrust Challenge to State Law

Posted on August 10, 2009
Antitrust Challenge to State Law Implementing Tobacco Master Settlement FailsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in St. Louis has rejected a cigarette manufacturer?s claims that an Arkansas law implementing the 1998 Master Settlement Agreement (MSA) between the states and large tobacco companies violated the Sherman Act...

Ads Touting Sport Drink?s Sweat-like

Posted on August 07, 2009
Ads Touting Sport Drink?s Sweat-like Formula Not EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a false advertising and trademark dilution case, PepsiCo subsidiary Stokely-Van Camp?s request for a preliminary injunction against Coca-Cola?s advertising of its Powerade ION4 sports drink was declined by the federal district court in New York City...

EC Proposes Amendments to Block

Posted on August 06, 2009
EC Proposes Amendments to Block Exemption for Supply, Distribution AgreementsThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The European Commission (EC) proposed a revised Block Exemption Regulation and Guidelines on supply and distribution agreements, including franchise and other types of vertical agreements, on July 28...

Antitrust, False Advertising Claims

Posted on August 05, 2009
Antitrust, False Advertising Claims Against Credit Bureaus DismissedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust and false advertising claims brought by Fair Isaac Corporation against the major U.S. credit bureaus?in connection with their joint development of a new credit score competing with Fair Isaac?s?were dismissed by the federal district court in Minneapolis on July 24...

Heart Device Maker Abandons Acquisition

Posted on August 04, 2009
Heart Device Maker Abandons Acquisition After FTC ChallengeThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Mechanical heart pump manufacturer Thoratec Corporation abandoned its proposed $282 million acquisition of rival HeartWare International, Inc...

Nude Photos Not Newsworthy, Held

Posted on July 31, 2009
Nude Photos Not Newsworthy, Held Within Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A magazine?s unauthorized publication of 20-year-old nude photographs of a recently-murdered woman, accompanied by a brief biography, did not qualify for the newsworthiness exception to the right of publicity under Georgia law, the U...

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