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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

Wells Fargo/Wachovia Combination

Posted on October 10, 2008
Wells Fargo/Wachovia Combination Receives Premerger ClearanceThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Wells Fargo & Company?s acquisition of Wachovia Corporation will not be challenged by the federal antitrust agencies...

Data Brokers Settle Charges of

Posted on October 09, 2008
Data Brokers Settle Charges of Selling Private Phone RecordsThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Web-based ?data broker? businesses and their principals have settled charges by the Texas Attorney General that they violated the Texas Deceptive Trade Practices Act by fraudulently marketing consumers? private telephone records, it was announced on September 25...

iPhone Purchasers? Monopoly Claims

Posted on October 08, 2008
iPhone Purchasers? Monopoly Claims Withstand Apple?s Motion to DismissThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Last week, the federal district court in San Jose, California, denied Apple, Inc.?s motion to dismiss antitrust claims brought by nine consumers from California, Washington, and New York who purchased the iPhone...

Supreme Court Opens New Term by

Posted on October 07, 2008
Supreme Court Opens New Term by Handling Antitrust, Trade Regulation MattersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.On the opening day of its 2008-2009 term, the U.S. Supreme Court denied review of two federal antitrust cases, vacated a restrictive covenant ruling under California law, and heard oral arguments on a case questioning whether smokers? state unfair trade practices claims against the advertising of cigarette manufacturer Philip Morris were impliedly preempted by the FTC?s oversight of advertising...

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High Court Hears Argument in ?Light?

Posted on October 07, 2008
High Court Hears Argument in ?Light? Cigarette CaseThis posting was written by John Scorza, CCH Washington Correspondent.The U.S. Supreme Court heard argument on October 6 on the question of whether smokers can sue a tobacco company under a state law for deceptive advertising or whether the suit should be preempted by federal law...

DOJ, EC Antitrust Chiefs Provide

Posted on October 02, 2008
DOJ, EC Antitrust Chiefs Provide Diverse Views on Unilateral Conduct by Dominant FirmsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Antitrust enforcement chiefs from the U.S. Department of Justice and the European Commission expressed differing approaches to dealing with unilateral conduct by dominant firms at two antitrust conferences last week...

Price Fixing Claims Against Aspartame

Posted on October 02, 2008
Price Fixing Claims Against Aspartame Makers Barred as UntimelyThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Claims on behalf of a putative class of purchasers of the artificial sweetener Aspartame?alleging that producers had engaged in a worldwide, horizontal price fixing and market allocation conspiracy?were barred by the Sherman Act's four-year statute of limitations, the federal district court in Philadelphia has ruled...

Established Manufacturer?s Comparative

Posted on September 30, 2008
Established Manufacturer?s Comparative Ads Presumed to Cause Injury to New EntrantThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In light of unrefuted allegations that Oregon Cutting Systems Group?an established manufacturer of chainsaw components?engaged in deliberate, literally false, and material advertising that directly compared its chain to that of newly established competitor Trilink Saw Chain, a presumption arose under the Lanham Act that the advertising deceived the competitor's customers and caused it financial injury, the federal district court in Atlanta has ruled...

Retailer?s Selling Returned Item

Posted on September 30, 2008
Retailer?s Selling Returned Item as ?New? Could Violate Texas Deceptive Trade Practices LawThis posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.Although a consumer failed to state a Texas Deceptive Trade Practices?Consumer Protection Act (DTPA) claim for a retailer?s misleading statements about its reason for reducing the price of a grinder and for "bait advertising," the consumer successfully stated DTPA claims for the retailer?s nondisclosure of material information and for representing that the grinder was new when it had been returned...

Virginia Ban on Unsolicited Bulk

Posted on September 25, 2008
Virginia Ban on Unsolicited Bulk E-Mail Held UnconstitutionalThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The unsolicited bulk electronic mail provisions of the Virginia Computer Crimes Act were unconstitutional because the statute prohibited anonymous transmission of all bulk e-mails, including those containing political, religious, or other speech protected by the First Amendment, the Virginia Supreme Court decided...

Major League Baseball?s Licensing

Posted on September 24, 2008
Major League Baseball?s Licensing Practices Not AnticompetitiveThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The exclusive licensing agent for Major League Baseball (MLB) did not place unreasonable restraints on trade through its organization and intellectual property licensing activities, the U...

Franchisor Could Reject Franchise

Posted on September 23, 2008
Franchisor Could Reject Franchise Transferees for Lack of English ProficiencyThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A restaurant franchisor did not breach a franchise agreement by withholding its consent to a franchise transfer to two prospective transferees who failed to pass the franchisor?s English Language Proficiency Test, according to the federal district court in Los Angeles...

NASAA Releases Proposed Commentary

Posted on September 23, 2008
NASAA Releases Proposed Commentary to Franchise Registration and Disclosure GuidelinesThis posting was written by John W. Arden.A proposed Commentary to the 2008 Franchise Registration and Disclosure Guidelines was released for internal and public comment on September 23 by the Franchise and Business Opportunities Project Group of the North American Securities Administrators Association...

Delinquent Cigarette Retailers

Posted on September 20, 2008
Delinquent Cigarette Retailers May Be Liable Under RICO for NYC?s ?Lost Taxes?This posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.The City of New York had standing to bring civil RICO claims against out-of-state cigarette retailers that failed to submit monthly sales reports to the State of New York, the U...

Franchise Agreement?s Arbitration

Posted on September 18, 2008
Franchise Agreement?s Arbitration Clause Unenforceable; No ?Meeting of Minds?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.There was no meeting of the minds between a franchisor of window covering businesses and a franchisee concerning the arbitration provision in their franchise agreement because of an advisement in the franchisor?s Uniform Franchise Offering Circular (UFOC) that the provision may not be enforceable under California law, a California state appellate court has ruled...

NFL?s Use of Announcer?s Voice

Posted on September 17, 2008
NFL?s Use of Announcer?s Voice Violated Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The National Football League's use of an announcer?s voice in a film about the making of a computer game (?The Making of Madden NFL 06?) violated the Pennsylvania right of publicity statute, but a trial was needed to decide the announcer?s false endorsement claim under the Lanham Act, according to the U...

Australian Commission Proposes

Posted on September 16, 2008
Australian Commission Proposes Data Breach Notification, Other Changes to Privacy ActThis posting was written by Tom Long, Editor of CCH Privacy Law in Marketing.The Australian Law Reform Commission (ALRC) has recommended sweeping changes to Australia's privacy laws?including the addition of breach notification requirements?in a report released August 11...

FTC Testifies Before Congress on

Posted on September 15, 2008
FTC Testifies Before Congress on Call Centers, Prepaid Calling CardsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Last week, the FTC offered testimony regarding two bills pending in Congress.Call Center Consumer?s Right to Know ActOn September 11, Lois Greisman, Associate Director of the Division of Marketing Practices at the FTC Bureau of Consumer Protection, testified before the before the U...

Privacy Rights in Social Security

Posted on September 12, 2008
Privacy Rights in Social Security Numbers Clash with Rights to Public Records in Recent DecisionsThis posting was written by Tom Long, Editor of CCH Privacy Law in Marketing, and John W. Arden.Two court decisions weighing the privacy rights in protecting individuals? Social Security Numbers against the rights to access and publish public documents were issued on August 22 by courts in Virginia and New Jersey...

Trade Regulation TidbitsThis posting

Posted on September 11, 2008
Trade Regulation TidbitsThis posting was written by Jeffrey May and John W. Arden.News, updates, and observations:? The Association of National Advertisers, a marketing industry trade group, sent a letter to the Justice Department on September 4, asking the government to block an advertising deal between Google Inc...

DOJ, States Urge Supreme Court

Posted on September 10, 2008
DOJ, States Urge Supreme Court to Overturn ?Price Squeeze? DecisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Department of Justice and nine states have advised the U.S. Supreme Court to overrule a decision of the U...

Justice Department?s Monopoly Report

Posted on September 09, 2008
Justice Department?s Monopoly Report Sparks ControversyThis posting was written by John W. Arden.The Department of Justice?s report on Sherman Act Section 2 enforcement?and the critical reaction by three FTC Commissioners?has prompted swift responses in both antitrust and political circles...

DOJ Report on Monopoly Law Could

Posted on September 08, 2008
DOJ Report on Monopoly Law Could Weaken Antitrust Enforcement: FTC CommissionersThis posting was written by John W. Arden.A major report on monopolization under the antitrust law, issued today by the U.S. Department of Justice, could radically weaken enforcement of Section 2 of the Sherman Act, according to FTC Commissioners Pamela Jones Harbour, Jon Leibowitz, and J...

Online Advertising Provider May

Posted on September 05, 2008
Online Advertising Provider May Be Liable for Failing to Prevent ?Click Fraud?This posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.An individual who purchased "pay-per-click" advertising from an online provider of "lifestyle" guides to local businesses, entertainment, and events could proceed with California Unfair Competition Law (UCL) claims against the provider and related entities for failing to prevent "click fraud" and refusing to refund disputed charges, the federal district court in Los Angeles has ruled...

Third Party Beneficiaries May Be

Posted on September 04, 2008
Third Party Beneficiaries May Be ?Consumers? Under Texas Deceptive Trade Practices LawThis posting was written by Andrew Soubel, Editor of CCH State Unfair Trade Practices Law.A widow could pursue a Texas Deceptive Trade Practices Act (DTPA) claim, on behalf of her children, against funeral and cemetery operators for deceptive acts in the burial of their father, the Texas Court of Appeals has ruled...

TV Station Divestiture Required

Posted on September 03, 2008
TV Station Divestiture Required to Satisfy Acquisition ConcernsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division has filed a complaint and proposed consent decree in the federal district court in Washington, D...

Trade Regulation TidbitsThis posting

Posted on September 02, 2008
Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? The U.S. Supreme Court failed to ?rein in? potentially expansive use of mail-and-wire-fraud based civil RICO claims when it unanimously refused to require that a RICO plaintiff asserting a claim predicated on mail fraud plead and prove that it relied on the alleged misrepresentations, Robert A...

Ruling that Insurance Agency Was

Posted on August 29, 2008
Ruling that Insurance Agency Was Connecticut "Franchise" ReversedThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A ruling that substantial evidence supported a jury's findings that an independent insurance agent's relationship with an insurance company was a "franchise" under the Connecticut Franchise Act and that the company violated the Act by terminating the agent without "good cause" was reversed by the U...

Scope of FTC's Unfair Competition

Posted on August 28, 2008
Scope of FTC's Unfair Competition Authority Under Sec. 5 to Be ReviewedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Earlier this year, the Federal Trade Commission announced a proposed consent order and complaint against Negotiated Data Solutions LLC (N-Data)...

NFL?s Exclusive Trademark License

Posted on August 27, 2008
NFL?s Exclusive Trademark License Was Not an Illegal ConspiracyThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The National Football League and its 32 member teams did not engage in an illegal antitrust conspiracy in violation of Section 1 of the Sherman Act by granting, through their jointly-owned licensing affiliate, an exclusive trademark license to a complaining apparel manufacturer?s competitor, the U...

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