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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

CVS Caremark Settles Charges of

Posted on February 18, 2009
CVS Caremark Settles Charges of Dumping Sensitive Financial, Medical InformationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.CVS Caremark Corporation has agreed to settle FTC charges that it failed to take reasonable and appropriate security measures to protect the sensitive financial and medical information of its customers and employees from unauthorized access and that it misrepresented the measures that it took...

Civil RICO Ineffective Against

Posted on February 17, 2009
Civil RICO Ineffective Against Conspiracy to File Malicious ClaimsThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Allegations that attorneys conspired to harm individual and corporate plaintiffs by maliciously filing a counterclaim, in a previous action, based on false representations were insufficient to maintain a civil RICO action, the U...

Trade Regulation TidbitsThis posting

Posted on February 16, 2009
Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? In trying to predict the enforcement agenda of the new administration, it may be instructive to examine remarks made by Christine Varney, the nominee for Assistant Attorney General in charge of the Antitrust Division, at a conference last June...

FTC Staff Report Reaffirms Self

Posted on February 13, 2009
FTC Staff Report Reaffirms Self Regulation of Online Behavioral AdvertisingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission staff has issued a report seeking to encourage meaningful self regulation of online behavioral advertising?the practice of tracking an individual?s online activities in order to deliver advertising tailored to the individual?s interests...

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Bill Would Prohibit Agreements

Posted on February 11, 2009
Bill Would Prohibit Agreements to Delay Generic Drug Competition This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Brand name drug makers would be prohibited from using pay-off agreements to delay the marketing of cheaper generic equivalents under the proposed federal ?Preserve Access to Affordable Generics Act...

FTC, California Sue Drug Makers

Posted on February 10, 2009
FTC, California Sue Drug Makers for Delaying Generic CompetitionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC and the California Attorney General filed a complaint in the federal district court in Los Angeles, challenging agreements in which Solvay Pharmaceuticals, Inc...

Antitrust Enforcement Can Help

Posted on February 09, 2009
Antitrust Enforcement Can Help Solve Economic Crisis: FTC CommissionerThis posting was written by John W. Arden.Addressing the apparent conflict between attempting to stimulate the economy and enforcing the antitrust and consumer protection laws, FTC Commissioner J...

Dumping Paper Tax Returns Did Not

Posted on February 06, 2009
Dumping Paper Tax Returns Did Not Violate Louisiana Breach Notification LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law Guide.An individual's claims against Jackson Hewitt Tax Service and one of its Louisiana franchisees (Jackson Hewitt) for negligence, breach of contract, and violations of the Louisiana Database Security Breach Notification Act and Unfair Trade Practices Act by mishandling her personal information have been dismissed without prejudice by the federal district court in New Orleans...

FTC Extends Suspension of Proceedings

Posted on February 05, 2009
FTC Extends Suspension of Proceedings on Whole Foods/Wild Oats MergerThis posting was written by John W. Arden.The Federal Trade Commission?s temporary halt to its administrative proceedings challenging the combination of specialty grocers Whole Foods Market Inc...

Department of Justice Antitrust

Posted on February 05, 2009
Department of Justice Antitrust Amnesty Letters ReleasedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division has made available on its website redacted copies of amnesty letters issued between August 10,1993, and November 18, 2008, under its leniency program...

Why Is Minneapolis Home to So Many

Posted on February 04, 2009
Why Is Minneapolis Home to So Many Franchise Law Firms? This posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.Perhaps it has something to do with attorney fee rates. For example, in an attorney's fee dispute, the federal district court in Minnesota recently held as follows: A reasonable hourly rate is the prevailing market rate in the relevant legal community for similar services provided by lawyers of comparable skill, experience, and reputation...

Trade Regulation TidbitsThis posting

Posted on February 03, 2009
Trade Regulation TidbitsThis posting was written by Jeffrey May, Darius Sturmer, and John W. Arden.News, updates, and observations:? The nomination of Christine Varney as Assistant Attorney General in charge of the Antitrust Division on January 22 ?seems to confirm expectations that corporate mergers and marketing practices will be more closely scrutinized under the Obama administration than they were under that of George W...

AmEx Ban on Class Actions in Arbitration

Posted on February 02, 2009
AmEx Ban on Class Actions in Arbitration Clause Held UnenforceableThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.California and New York merchants that accepted American Express (AmEx) charge cards were not barred from proceeding as a class to assert an antitrust action against the charge card issuer by a class action waiver contained in the mandatory arbitration clause of their commercial contracts, the U...

Credit Balance Transfer Offer Could

Posted on January 30, 2009
Credit Balance Transfer Offer Could Violate California False Ad LawsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A credit cardholder can pursue claims that Chase Bank violated California unfair competition and false advertising laws by offering a promotional fixed rate of 4...

$67 Million Dollar Pants Suit Fails

Posted on January 29, 2009
$67 Million Dollar Pants Suit Fails on AppealThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A dry cleaner did not violate the District of Columbia Consumer Protection Procedures Act (CPPA) by posting "Satisfaction Guaranteed" and "Same-Day Service" signs in its window and then failing to satisfy a customer or clean his pants on the day they were dropped off, according to a District of Columbia appellate court...

FTC Proceedings on Whole Foods/Wild

Posted on January 29, 2009
FTC Proceedings on Whole Foods/Wild Oats Merger on Hold to Consider SettlementThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has temporarily halted its administrative proceedings challenging the combination of specialty grocers Whole Foods Market, Inc...

Whole Foods Denied Emergency Relief

Posted on January 28, 2009
Whole Foods Denied Emergency Relief Against FTCThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Washington, D.C. on January 23 denied an emergency petition filed by Whole Foods Market, Inc., seeking a writ of mandamus and injunctive relief against the FTC...

?Giant of Franchise Law? Passes

Posted on January 27, 2009
?Giant of Franchise Law? Passes AwayThis posting was written by John W. Arden.Lewis G. Rudnick, a pioneer franchise attorney and former Chair of the American Bar Association Forum on Franchising, passed away suddenly on Saturday, January 24, at age 73...

FTC Conditionally Clears Dow Chemical's

Posted on January 26, 2009
FTC Conditionally Clears Dow Chemical's Takeover of Rohm & HaasThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Dow Chemical Company on January 23 entered into a proposed agreement with the FTC that would enable it to proceed with its planned $18...

?EPA Tested and Approved? Ad Claims

Posted on January 23, 2009
?EPA Tested and Approved? Ad Claims EnjoinedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A manufacturer of a handheld steam cleaning appliance was preliminarily enjoined by the federal district court in New York City from making advertising claims that the product was ?EPA Tested and Approved? and ?completely safe...

Girl Scout Council Uses Wisconsin

Posted on January 22, 2009
Girl Scout Council Uses Wisconsin Dealer Law to Prevent Reduction of JurisdictionThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The national Girl Scouts organization (GSUSA) was preliminarily enjoined under the Wisconsin Fair Dealership Law (WFDL) from unilaterally removing a large portion of a local Girl Scouts council's jurisdiction, the U...

Administration Taps Former FTC

Posted on January 22, 2009
Administration Taps Former FTC Commissioner Varney as New Antitrust ChiefThis posting was written by John W. Arden.Christine Varney, a Washington lawyer and FTC Commissioner during the Clinton Administration, has been named as Assistant Attorney General in charge of the Antitrust Division, according to an announcement issued this afternoon...

EC Investigates Microsoft's Browser

Posted on January 21, 2009
EC Investigates Microsoft's Browser Tie, May Initiate Inquiry into IBM?s Market ConductThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter."Microsoft's tying of Internet Explorer to the Windows operating system harms competition between web browsers, undermines product innovation and ultimately reduces consumer choice," the European Commission (EC) announced on January 17...

Franchisees? Deception Claims Adequately

Posted on January 20, 2009
Franchisees? Deception Claims Adequately Pled RICO Violations by FranchisorThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Four tanning salon franchisees adequately alleged a RICO claim against their franchisor, two of its officers, the assignee of its franchise contracts, and a finance company, the federal district court in Camden, New Jersey, has ruled...

Hybrid Auto Fuel Efficiency Ad

Posted on January 19, 2009
Hybrid Auto Fuel Efficiency Ad Claims Could Be DeceptiveThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A purchaser of a 2004 Honda Civic Hybrid automobile could go to trial on his claims that Honda's advertising was deceptive or misleading under California law, a California appellate court has ruled...

State Attorneys General, Privacy

Posted on January 16, 2009
State Attorneys General, Privacy Group Make Recommendations to Obama Transition TeamThis posting was written by John W. Arden.With the Presidential Inauguration only days away, organizations and public interest groups are taking their last opportunity to influence President Elect Barack Obama?and his transition team?prior to his taking office...

Trade Regulation TidbitsThis posting

Posted on January 16, 2009
Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? The 111th Congress opened with the introduction of two major pieces of antitrust legislation on January 6. The proposed ?Discount Pricing Consumer Protection Act? (S...

Certification of Class Alleging

Posted on January 14, 2009
Certification of Class Alleging Chemical Price Fixing Was PrematureThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.In an antitrust action against chemical manufacturers for conspiring to fix prices of hydrogen peroxide and two related chemical products, a federal district court?s certification of a group of purchasers of the chemical products constituted an abuse of discretion, the U...

Premerger Notification Thresholds,

Posted on January 13, 2009
Premerger Notification Thresholds, Penalties for Noncompliance to IncreaseThis 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...

FTC's Likelihood of Success in

Posted on January 12, 2009
FTC's Likelihood of Success in Whole Foods Case Will Not Be Considered on RemandThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Following a federal appellate court's remand of the FTC's action challenging the acquisition of Wild Oats Markets by Whole Foods Market, Inc...

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