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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

Refusal to Sell Parts to Competitor

Posted on February 08, 2011
Refusal to Sell Parts to Competitor Could Be MonopolizationThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A company in the business of providing heavy lift helicopter services and supplying replacement parts to other owners of several particular models could have engaged in unlawful monopolization or attempted monopolization by refusing to sell parts to a competing operator of heavy helicopter services, the federal district court in Portland, Oregon, has decided...

Credit Report Resellers Settle

Posted on February 07, 2011
Credit Report Resellers Settle FTC Data Privacy AllegationsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Three companies whose business is reselling consumers? credit reports have agreed to settle FTC charges that they did not take reasonable steps to protect consumers? personal information?failures that allowed computer hackers to access that data...

Wrongful Termination: "Community

Posted on February 04, 2011
Wrongful Termination: "Community of Interest" Under the Wisconsin Fair Dealership LawThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.A conflict seems to have developed between the federal courts' interpretation of the Wisconsin Fair Dealership Law and that of the Wisconsin courts...

High Court Agrees to Review Vermont

Posted on February 03, 2011
High Court Agrees to Review Vermont Prescriber Privacy LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The U.S. Supreme Court has agreed to decide whether the First Amendment prohibits the enforcement of a Vermont law that restricts access to information in prescription drug records...

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FTC to Hold Public Forum on ?Cramming?This

Posted on February 02, 2011
FTC to Hold Public Forum on ?Cramming?This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The FTC announced that it will host a public forum in Washington, D.C. on May 11, 2011, to examine how the government, businesses, and consumer protection organizations can work together to prevent consumers from being hit with unauthorized third-party charges on their phone bills?a practice known as "cramming...

Three Antitrust Bills Are Among

Posted on January 31, 2011
Three Antitrust Bills Are Among First Introduced in New Senate SessionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Senator Herb Kohl (D, Wis.), chairman of the Judiciary Committee's Antitrust, Competition Policy and Consumer Rights Subcommittee, on January 25 introduced three pieces of legislation that would impact the antitrust laws...

Light Cigarette Purchasers? Consumer

Posted on January 28, 2011
Light Cigarette Purchasers? Consumer Class Action Allowed to Proceed This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A class of light cigarette purchasers could pursue Minnesota consumer protection claims against Marlboro Light manufacturer Philip Morris based on allegedly deceptive business practices and false advertising, according to a Minnesota appellate court...

FTC Revises Thresholds for Merger

Posted on January 28, 2011
FTC Revises Thresholds for Merger Filings, Interlocking DirectoratesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has announced its annual revisions to the thresholds for notifying the antitrust agencies of a proposed acquisition and merger pursuant to the report-and-wait requirements of the Hart-Scott-Rodino (HSR) Act...

New York Fails to Enjoin Mattress

Posted on January 26, 2011
New York Fails to Enjoin Mattress Maker?s Restrictions on Discounting This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The State of New York was not entitled to an order enjoining mattress manufacturer Tempur-Pedic International, Inc...

Injunction Preserved McDonald?s

Posted on January 25, 2011
Injunction Preserved McDonald?s Franchises Pending Trial of Renewal Claims This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisee of several McDonald?s restaurants was reasonably likely to succeed on the merits of his claim that the franchisor had agreed to renew his three franchises with fewer than five years remaining on the agreements, a California trial court has decided...

California Class Certified in Suit

Posted on January 24, 2011
California Class Certified in Suit Over Dell Price AdvertisingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a suit against Dell Inc. under California consumer protection laws, a class was certified consisting of all citizens of the State of California who on or after March 23, 2003 purchased Dell-branded products advertised with a ?Slash-Thru? price?a discount from a former sales price?via the Home & Home Office segment of Dell's website, the federal district court in San Jose has ruled...

Choice of Florida Law Barred Minnesota

Posted on January 21, 2011
Choice of Florida Law Barred Minnesota Franchise Act ClaimsThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Minnesota Franchise Act claims asserted by a Florida franchisee of two hockey-training businesses and its principal against a Minnesota franchisor and several of its officers were barred by the valid and enforceable choice of Florida law provision in the parties? agreements, the federal district court in St...

Snapple Purchasers? ?All Natural?

Posted on January 20, 2011
Snapple Purchasers? ?All Natural? Claims Meet Fraud Pleading StandardsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Purchasers of Snapple drink products pleaded with particularity that ?all natural? labeling of beverages containing high fructose corn syrup (HFCS) was deceptive and fraudulent under California consumer protection laws, the federal district court in Sacramento has ruled...

Antitrust Division, FCC Conditionally

Posted on January 19, 2011
Antitrust Division, FCC Conditionally Approve Comcast/NBC Universal Joint VentureThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division and the Federal Communications Commission yesterday conditionally approved a joint venture between Comcast Corp...

Merged Health Insurers Did Not

Posted on January 18, 2011
Merged Health Insurers Did Not Illegally Collude on Pharmacy RatesThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Now-merged health insurers UnitedHealth Group and PacifiCare did not illegally conspire to depress the rate of reimbursement paid to the nation's largest institutional pharmacy, Omnicare, Inc...

Cosmetics Company Settles California

Posted on January 17, 2011
Cosmetics Company Settles California Vertical Price Fixing ChargesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Cosmetics company Bioelements, Inc. has agreed to settle a complaint brought by the State of California, alleging that the company engaged in vertical price fixing in per se violation of the California Cartwright Act...

FTC?s Light Bulb Complaint Fails

Posted on January 14, 2011
FTC?s Light Bulb Complaint Fails to Meet Fraud Pleading StandardsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The Federal Trade Commission failed to satisfy the fraud pleading standards of Rule 9(b) of the Federal Rule of Civil Procedure in a complaint alleging that a light bulb manufacturer and its principals misrepresented the light output and life expectancy of the company?s Light Emitting Diode (LED) bulbs, the federal district court in Santa Ana, California has ruled...

Paper Purchasers' Price Fixing

Posted on January 13, 2011
Paper Purchasers' Price Fixing Claims RejectedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Bridgeport, Connecticut, has rejected price fixing claims brought by direct purchasers of commercial grade paper used for printing catalogues and magazines against paper company Stora Enso...

Canada Enacts Anti-Spam, Phishing,

Posted on January 13, 2011
Canada Enacts Anti-Spam, Phishing, Spyware LegislationThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.New Canadian anti-spam law legislation was approved by Parliament and received Royal Assent on December 15, 2010. The ?Fighting Internet and Wireless Spam Act? (Statutes of Canada 2010, c...

States Urge High Court to Take

Posted on January 11, 2011
States Urge High Court to Take Up ?Pay-for-Delay? Drug Patent CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Attorneys general from 32 states have filed a friend-of-the-court brief with the U.S. Supreme Court, urging the Court to accept for review a case that seeks to end reverse-payment or "pay-for-delay" settlement agreements...

?Truth in Caller ID Act? Signed

Posted on January 10, 2011
?Truth in Caller ID Act? Signed by President ObamaThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A law that amends the Telephone Consumer Protection Act to prohibit the transmission of misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value was signed by President Obama on December 22, 2010...

Federal/State Antitrust Cooperation

Posted on January 07, 2011
Federal/State Antitrust Cooperation Continued in 2010This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In 2010, the states joined with the federal antitrust agencies to challenge anticompetitive conduct in some of the year's most high profile antitrust enforcement actions...

Antitrust Division Active in Health

Posted on January 06, 2011
Antitrust Division Active in Health Care, Financial Sectors in 2010This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.With the nation focused on government efforts to overhaul the health care and financial services sectors in 2010, it is not surprising that two of the Department of Justice Antitrust Division's most notable enforcement actions last year were in these industries...

Issuance of New Merger Guidelines

Posted on January 05, 2011
Issuance of New Merger Guidelines Highlighted FTC's Accomplishments in 2010This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC?s efforts to substantially revise the Horizontal Merger Guidelines for the first time since 1992 were among the agency?s major accomplishments of 2010...

Iowa May Tax Royalties to Out-of-State

Posted on January 04, 2011
Iowa May Tax Royalties to Out-of-State Franchisor Having No Physical Presence in StateThis posting was written by John W. Arden.The State of Iowa could impose corporate income taxes on royalties paid by Iowa franchisees to Louisville-based KFC, which owned no restaurant properties within Iowa and had no employees within the state, according to the Supreme Court of Iowa...

Bill Protecting Online Shoppers

Posted on December 30, 2010
Bill Protecting Online Shoppers Signed Into LawThis posting was written by John W. Arden.Legislation aimed at protecting consumers from aggressive sales tactics on the Internet was signed by the President on December 29. The ?Restore Online Shoppers? Confidence Act? (S...

Payroll Tax Violations Constituted

Posted on December 28, 2010
Payroll Tax Violations Constituted Good Cause for Termination of FranchisesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Donut shop franchisees? failure to comply with payroll tax laws violated their contractual obligation to obey all laws and constituted good cause for termination of three franchises under the meaning of the New Jersey Franchise Practices Act, the federal district court in Newark has ruled...

Requiring Franchisees to Sell Low-Priced

Posted on December 27, 2010
Requiring Franchisees to Sell Low-Priced Menu Items Did Not Breach Duty of Good FaithThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A national association of Burger King franchisees failed to adequately allege that Burger King breached the express duty of good faith in the parties? franchise agreements by requiring franchisees to sell low-priced menu items, a federal district court in Miami has ruled...

Antitrust Division Sues Lucasfilm

Posted on December 23, 2010
Antitrust Division Sues Lucasfilm for Conspiring to Restrict Employee RecruitingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In September, the Department of Justice Antitrust Division announced a complaint and proposed consent decree arising out of an investigation into the use of ?no solicitation? agreements among high technology companies to hold down employee salaries and defections...

Blue Cross Blue Shield of Michigan

Posted on December 22, 2010
Blue Cross Blue Shield of Michigan Seeks Dismissal of Government Antitrust SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Blue Cross Blue Shield of Michigan has asked the federal district court in Detroit to dismiss an antitrust suit brought by the U...

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