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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

Internet Name Registrar Could Have

Posted on June 18, 2009
Internet Name Registrar Could Have Violated Antitrust Law to Get ContractsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Internet domain name registry operator VeriSign, Inc., could have violated federal antitrust law by allegedly conspiring with, or engaging in predatory conduct against, the Internet Corporation for Assigned Names and Numbers (ICANN), the U...

Settlement of Ameritrade Data Breach

Posted on June 17, 2009
Settlement of Ameritrade Data Breach Litigation Preliminarily ApprovedThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The federal district court in San Francisco has preliminarily approved a settlement of class action claims against online investment broker Ameritrade for allegedly failing to prevent a data security breach that exposed accountholders' private information to spammers and rendered the same information vulnerable to others...

Customers Could Sue Grocer Only

Posted on June 16, 2009
Customers Could Sue Grocer Only if Damaged by Data BreachThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Customers of Maine-based supermarket chain Hannaford could pursue claims for breach of implied contract, negligence, and unfair trade practices under Maine law against the chain for failing to prevent a data security breach and for failing to notify them of the breach, but only if they could establish actual damages, according to the federal district court in Portland, Maine...

High Court to Consider Class Arbitration

Posted on June 16, 2009
High Court to Consider Class Arbitration in Price Fixing Case, Constructive Nonrenewal under PMPAThis posting was written by Jeffrey May, Editor of CCH Trade Regultion Reporter.The U.S. Supreme Court on June 15 agreed to take up two important issues facing antitrust and trade regulation practitioners...

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Former Sales Director Can Pursue

Posted on June 15, 2009
Former Sales Director Can Pursue Claims for Misuse of His NameThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Joseph Krause?the former sales director of the Philadelphia Soul arena football team?can pursue claims for Lanham Act false designation of origin and state law misappropriation of name against the team and its part owner, rock musician Jon Bongiovi (a...

Suit Challenging Discount Club

Posted on June 12, 2009
Suit Challenging Discount Club Marketing Practices Not Time BarredThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Claims that the marketing firm Vertrue, Inc. and its affiliates violated the federal Electronic Funds Transfer Act (EFTA) by enrolling consumers in a discount club and imposing unauthorized monthly charges in billing statements were not barred by the law?s one-year statute of limitations, the U...

Bill to Extend ACPERA?s Detrebling

Posted on June 11, 2009
Bill to Extend ACPERA?s Detrebling Provisions Passes HouseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Legislation to delay the sunsetting of provisions of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (ACPERA) passed the U...

Bankruptcy Court Allows Chrysler

Posted on June 10, 2009
Bankruptcy Court Allows Chrysler to Terminate 789 Franchises This posting was written by John W. Arden.A bankruptcy court ruled yesterday that auto maker Chrysler LLC could immediately terminate 789 Chrysler, Dodge, and Jeep franchises in accordance with its plan to cut costs and quickly emerge from bankruptcy, according to an Associated Press report...

High Court Delineates Structure

Posted on June 10, 2009
High Court Delineates Structure of RICO Association-in-Fact EnterpriseThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.An association-in-fact enterprise in a federal RICO claim must have an ascertainable structure beyond that inherent in a pattern of racketeering activity, the U...

Biopharmaceutical Firm Drops Attempted

Posted on June 09, 2009
Biopharmaceutical Firm Drops Attempted Acquisition of CompetitorThis posting was written by Jeffrey May, Editor of CCH Trade Regultion Reporter.CSL Limited and Talecris Biotherapeutics Holdings Corporation announced on June 9 their decision to abandon a proposed combination in light of an FTC challenge to the transaction...

Bill Requires Bankrupt Auto Makers

Posted on June 08, 2009
Bill Requires Bankrupt Auto Makers to Reimburse Dealers from Federal FundsThis posting was written by John W. Arden.A bill to require bankrupt automobile manufacturers that receive funds from the federal government to use such funds to fully reimburse dealers for inventory of vehicles and parts has been proposed in House Bill No...

Senior Citizens Entitled to Triple

Posted on June 05, 2009
Senior Citizens Entitled to Triple Restitution for Breach of California Unfair Competition LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A class of senior citizens could receive triple restitution under the Consumers Legal Remedies Law (CLRA) for violations of the California Unfair Competition Law (UCL) by a life insurance company that allegedly engaged in deceptive business practices to induce the purchase of high-commission annuity contracts with large surrender penalties, according to a California appellate court...

Expedia Marked Up ?Service Fees,?

Posted on June 05, 2009
Expedia Marked Up ?Service Fees,? Held Liable for $184 MillionThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a nationwide class action, travel booking website Expedia was liable for $184 million in damages, based on its breach of contract in charging service fees in excess of the actual costs of making hotel reservations, the Washington Superior Court in King County has ruled...

California Unfair Competition Class

Posted on June 04, 2009
California Unfair Competition Class Standing Hurdle Removed in Tobacco Ad CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a class action, the standing requirements of the California Unfair Competition Law (UCL) apply only to class representatives, not to class members, the California Supreme Court has ruled...

Amnesty Applicant Not Ordered to

Posted on June 03, 2009
Amnesty Applicant Not Ordered to Identify Itself, Assist in Private Antitrust SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in San Francisco will not require a company that was granted conditional leniency under the Department of Justice Antitrust Division corporate leniency program to identify itself to, and cooperate with, plaintiffs in a private antitrust action, alleging a conspiracy to fix prices in the thin film transistor-liquid crystal display (TFT-LCD) industry...

Food Products Maker Held in Contempt

Posted on June 03, 2009
Food Products Maker Held in Contempt for Discriminatory PricingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Michael Foods, Inc., a national food products manufacturer, has been held in contempt of a recent order (2009-1 Trade Cases �76,609), enjoining it from discriminating in price for the sale of food in favor of Sodexho, Inc...

Franchisee Liability for Lost Future

Posted on June 01, 2009
Franchisee Liability for Lost Future Profits: Another Blow to Sealy?This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.The Texas Court of Appeals for the Second District?applying Georgia law in a case of first impression for both Georgia and Texas?has held that a "terminated" franchisee was liable for lost future profits over the full remainder of a 25-year term (Progressive Child Care Systems, Inc...

Congressional Subcommittees Hear

Posted on May 29, 2009
Congressional Subcommittees Hear Testimony on Vertical Price Fixing, Railroad ExemptionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Subcommittees of the U.S. Senate and House Judiciary Committees held hearings May 19 on bills that would, respectively, reinstate the per se rule for resale price maintenance and repeal the antitrust exemption for railroads...

?Unique? Infant Formula Ad Claims

Posted on May 28, 2009
?Unique? Infant Formula Ad Claims Not EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A producer of store brand infant formula (PBM Products) asserting Lanham Act violations was denied a preliminary injunction barring ?unique formulation? advertising claims made in a mailer by Mead Johnson, the producer of Enfamil LIPIL formula...

Federal Law Regulates Gift Certificates

Posted on May 27, 2009
Federal Law Regulates Gift Certificates and CardsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A new federal law regulates gift certificates, store gift cards, and general-use prepaid cards by putting limits on fees and expiration and imposing disclosure requirements...

Consumer Class Action Denied in

Posted on May 26, 2009
Consumer Class Action Denied in McDonald's French Fries CaseThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Certification of a nationwide class was denied in a consumer protection lawsuit against McDonald's because individual issues predominated, according to the federal district court in Chicago...

High Court to Consider RICO?s "Business

Posted on May 22, 2009
High Court to Consider RICO?s "Business or Property" RequirementThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide, and John W. Arden.The U.S. Supreme Court has agreed to consider whether a city government alleging a non-commercial injury that resulted from the non-payment of taxes by non-litigant third parties has met RICO's standing requirement that a plaintiff be directly injured in its "business or property...

Insurance Agent Not Protected ?Franchisee?

Posted on May 21, 2009
Insurance Agent Not Protected ?Franchisee? Under Washington LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.An insurance agent was not a ?franchisee? of an insurance company within the meaning of the Washington Franchise Investment Protection Act because the agent did not pay the company a ?franchise fee,? according to the federal district court in Tacoma, Washington...

Varney Discusses Antitrust Enforcement

Posted on May 20, 2009
Varney Discusses Antitrust Enforcement in Distressed EconomyThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.Antitrust chief Christine A. Varney made headlines last week when she announced, in a May 11 speech, the withdrawal of the Antitrust Division?s controversial report on single firm conduct...

Good Cause Not Required for Franchise

Posted on May 20, 2009
Good Cause Not Required for Franchise TerminationThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A heating and air conditioning business franchisee failed to demonstrate that a manufacturer was required to have good cause before it terminated the parties? agreement, the U...

Food Products Maker Engaged in

Posted on May 18, 2009
Food Products Maker Engaged in Price DiscriminationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Michael Foods, Inc., a national food products manufacturer, engaged in price discrimination in favor of Sodexho, Inc., the world?s largest food service management company, and to the detriment of a complaining wholesale food distributor, the federal district court in Harrisburg, Pennsylvania, has ruled...

European Commission Fines Intel

Posted on May 16, 2009
European Commission Fines Intel for Abuse of Dominant PositionThis posting was written by John W. Arden.Computer chip giant Intel was fined ?1.06 ($1.45 billion) on May 13 for violating European Commission Treaty antitrust rules on the abuse of a dominant position (Article 82) by engaging in illegal anticompetitive practices to exclude competitors from the market of computer chips called x86 central processing units (CPUs)...

White Paper Warns about Cyber Crime,

Posted on May 14, 2009
White Paper Warns about Cyber Crime, Recommends Cyber Security PracticesThis posting was written by John W. Arden.The dangers of cyber crime and the measures that can be taken to protect cyber property are the subjects of a new report issued by Wolters Kluwer Law & Business...

Rebranding of Nearby Gas Station

Posted on May 12, 2009
Rebranding of Nearby Gas Station Did Not Cause Antitrust InjuryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A Mobil gasoline station in Detroit failed to identify an antitrust injury resulting from an alleged conspiracy between ExxonMobil and Michigan Fuels, Inc...

Antitrust Chief Withdraws 2008

Posted on May 11, 2009
Antitrust Chief Withdraws 2008 Report on Single Firm ConductThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Marking a shift in enforcement policy, Christine A. Varney, Assistant Attorney General in charge of the Department of Justice Antitrust Division, on May 11 withdrew, effective immediately, the Antitrust Division's September 2008 report, entitled ?Competition and Monopoly: Single-Firm Conduct Under Section 2 of the Sherman Act...

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