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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

Five More Air Carriers Agree to

Posted on July 07, 2008
Five More Air Carriers Agree to Plead Guilty for Fixing Cargo RatesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Five more airlines have agreed to plead guilty and pay criminal fines totaling $504 million for participating in a multi-year conspiracy to fix prices for international air cargo rates, the Department of Justice has announced...

Auto Lessees Lack Standing to Recover

Posted on July 03, 2008
Auto Lessees Lack Standing to Recover Damages from Allegedly Conspiring ManufacturersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Lessees of new cars lacked standing to seek damages from Canadian and U.S. auto makers for conspiring to restrict the flow of cheaper Canadian cars into the U...

Marathon Defeats Dealer?s Tying

Posted on July 02, 2008
Marathon Defeats Dealer?s Tying Arrangement, Price Fixing ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Tying and price fixing claims brought by Marathon and Speedway gasoline dealers against Marathon Petroleum Company and its wholly-owned subsidiary Speedway SuperAmerica LLC were properly dismissed, the U...

Members of Former Rock Band Engaged

Posted on July 01, 2008
Members of Former Rock Band Engaged in False Advertising, Violated Right of PublicityThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Two members of the former rock band ?The Doors? engaged in false advertising under California law by disseminating ads for a concert tour by a band falsely identified as ?The Doors,? a California appellate court has ruled...

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Failure to Disclose Insureds? Right

Posted on June 30, 2008
Failure to Disclose Insureds? Right to Independent Defense Counsel Was DeceptiveThis posting was written by Mark Engstrom, Editor of CCH State Unfair Trade Practices Law.An insurer?s failure to inform two physicians and their limited liability partnership that they had a right to hire independent counsel?at the insurer?s expense?to defend a malpractice action that asserted both covered and uncovered claims was a deceptive business practice under New York's Deceptive Acts and Practices Law, a New York appellate court has ruled...

Bill to Give FTC New Authority

Posted on June 27, 2008
Bill to Give FTC New Authority Over Petroleum Price Gouging Defeated in House This posting was written by John Scorza, CCH Washington Correspondent. The House of Representatives rejected a bill on June 24 that would have given the Federal Trade Commission new authority to investigate and punish price gouging in the oil industry...

Truck Dealer?s Horizontal, Vertical

Posted on June 26, 2008
Truck Dealer?s Horizontal, Vertical Price Fixing Claims to Proceed to JuryThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.A heavy truck dealership presented sufficient evidence at trial of a horizontal price fixing agreement between competing dealers and of a vertical price fixing agreement between a heavy truck manufacturer and those dealers to send the matter to a jury, the U...

Focus on FranchisingThis posting

Posted on June 25, 2008
Focus on FranchisingThis posting was written by John W. Arden.News and notes on franchising and distribution law:? The ABA Forum on Franchising has announced the program for the 31st annual Forum on Franchising, October 15-17, 2008, in Austin, Texas. Entitled ?Deep in the Heart of Franchising,? the main program will feature two plenary sessions and 24 workshops, covering topics ranging from advanced disclosure issues under the amended FTC franchise rule to franchising in Brazil, Russia, India, and China...

High Court to Consider ?Price Squeeze?

Posted on June 24, 2008
High Court to Consider ?Price Squeeze? Claim Against Telecommunications FirmThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pacific Bell Telephone Company has successfully petitioned the U.S. Supreme Court to review a decision of the U...

Franchisee Not Required to Give

Posted on June 23, 2008
Franchisee Not Required to Give Franchisor Futile Opportunity to CureThis posting was written by Peter Reap, Editor of CCH Business Franchise Guide.Even though a lingerie store franchise agreement required a franchisee to give the franchisor written notice and at least 60 days to cure any breaches before the franchisor could be held liable for breach, the franchisee was excused from that condition because the franchisor?s breaches were not curable, the California Supreme Court has decided...

NASAA Approves 2008 Franchise Registration

Posted on June 20, 2008
NASAA Approves 2008 Franchise Registration and Disclosure GuidelinesThis posting was written by Peter Reap, Editor of CCH Business Franchise Guide.The North American Securities Administrators Association (NASAA) on June 6, 2008, adopted its 2008 Franchise Registration and Disclosure Guidelines, as a replacement for NASAA's Uniform Franchise Offering Circular Guidelines and 2007 Interim Franchise Guidelines...

Marketer of Discontinued Product

Posted on June 19, 2008
Marketer of Discontinued Product Could Not Challenge ?First and Only? Ad ClaimThis posting was written by William Zale, Editor of CCH Advertising Law Guide.An herbal supplements marketer (Natural Answers), which had sold a smoking cessation lozenge from 2000 until 2002, lacked standing to pursue Lanham Act false advertising claims against a drug company (GlaxoSmithKline) that later promoted its product as ?the first and only stop smoking lozenge,? the U...

Former NCAA Coach?s Exclusion Not

Posted on June 17, 2008
Former NCAA Coach?s Exclusion Not Subject to Antitrust ScrutinyThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The National Collegiate Athletic Association (NCAA), the Southeastern Conference, and the University of Kentucky?s athletic department did not engage in an unlawful group boycott by allegedly acting to prevent a former assistant football coach at the University of Kentucky from coaching at any of the NCAA?s member schools, the U...

Iowa and Oklahoma Enact Data Breach

Posted on June 16, 2008
Iowa and Oklahoma Enact Data Breach Notification LawsThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.New state laws requiring companies to notify consumers of data security breaches have been enacted in Iowa and Oklahoma...

FTC Seeks En Banc Review of D.C.

Posted on June 11, 2008
FTC Seeks En Banc Review of D.C. Circuit?s Rambus DecisionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has asked the U.S. Court of Appeals in Washington, D.C. for an en banc rehearing of a three-judge panel?s decision overturning a Commission finding of monopolization against Rambus, Inc...

Reliance by Plaintiff Not Required

Posted on June 10, 2008
Reliance by Plaintiff Not Required Element of RICO Claim: U.S. Supreme CourtThis posting was written by William Zale.In a private RICO suit predicated on mail fraud, property tax lien auction bidders were not required to show that they relied on alleged misrepresentations by successful bidders, the unanimous U...

FTC Opens Antitrust Investigation

Posted on June 09, 2008
FTC Opens Antitrust Investigation of Intel Pricing Practices: ReportThis posting was written by John W. Arden.In a reversal of its previous decision, the Federal Trade Commission has opened a formal investigation of Intel Corporation, according to a June 7 story in the New York Times...

Challenges to Valuation and Damage

Posted on June 06, 2008
Challenges to Valuation and Damage Experts Increasing DramaticallyThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.It is becoming clearer and clearer that the first thing litigants must do when retaining experts is to address their qualifications and ability to withstand ?Daubert? challenges...

Campaign to Compel Employer Recognition

Posted on June 05, 2008
Campaign to Compel Employer Recognition of Union Could Violate RICOThis posting was written by William Zale.An employer could pursue federal RICO claims on the theory that a union, a union local, and the operators of a negative publicity campaign engaged in a pattern of extortion to compel the employer to recognize the union as the exclusive bargaining representative for employees at a large pork processing plant, the federal district court in Richmond has ruled...

National Association of Realtors

Posted on June 04, 2008
National Association of Realtors Settles Restraint of Trade ChargesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The National Association of Realtors has agreed to change policies and adhere to certain conduct remedies that allow Internet-based residential real estate brokers to compete with traditional brokers...

High Court Will Not Review Baseball

Posted on June 04, 2008
High Court Will Not Review Baseball Players? Right of Publicity ClaimsThis posting was written by John W. Arden.A ruling that a fantasy game provider?s First Amendment rights to use major league baseball players? names, biographical data, and performance statistics overruled the players? rights of publicity was left standing by the U...

Criminal Conviction under New Hampshire

Posted on June 02, 2008
Criminal Conviction under New Hampshire Consumer Protection Act UpheldThis posting was written by Mark Engstrom, Editor of CCH State Unfair Trade Practices Law.A roofer who accepted a customer's $4,000 deposit?but failed to purchase roofing materials, produce proof of insurance, obtain a building permit, or otherwise indicate that he would begin work on the customer's home?could not escape a criminal conviction for violating the New Hampshire Consumer Protection Act (CPA), the Supreme Court of New Hampshire has ruled...

Dismissal of Antitrust Challenge

Posted on May 30, 2008
Dismissal of Antitrust Challenge to Booksellers' Online Marketing Agreement UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A consumer lacked standing to proceed with antitrust claims challenging a marketing agreement between online bookseller Amazon...

$23 Million Judgment Upheld in

Posted on May 29, 2008
$23 Million Judgment Upheld in Scrap Metal Price Fixing CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Cincinnati has upheld a $23 million judgment in favor of a class of scrap metal generators who alleged price fixing claims against a scrap metal broker...

Media Ignored Obama?s Comments

Posted on May 28, 2008
Media Ignored Obama?s Comments on Industry Consolidation: Antitrust GroupThis posting was written by John W. Arden.Media networks have essentially ignored comments made by Senator Barack Obama about media consolidation in the U.S. and the lack of antitrust enforcement in the industry, according to the American Antitrust Institute (AAI), a non-profit education, research, and advocacy organization based in Washington, D...

DOJ, FTC Differ on Ripeness of

Posted on May 27, 2008
DOJ, FTC Differ on Ripeness of Supreme Court Antitrust PetitionThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Solicitor General has urged the U.S. Supreme Court to grant a petition for review of a federal appellate court's decision allowing unlawful price squeeze claims to proceed...

Manufacturer?s Rep Was Not a Wisconsin

Posted on May 23, 2008
Manufacturer?s Rep Was Not a Wisconsin ?Dealer?This posting was written by Peter Reap, Editor of CCH Business Franchise Guide.Correspondent.A representative for a manufacturer of bathtub products was not a ?dealer? within the meaning of the Wisconsin Fair Dealership Law because the representative could not establish that it was granted the right to sell or distribute the manufacturer?s products or the right to use the manufacturer?s commercial symbols to the extent anticipated by the Fair Dealership Law...

Bill Would Prohibit Anticompetitive

Posted on May 21, 2008
Bill Would Prohibit Anticompetitive Conduct in Production, Pricing of PetroleumThis posting was written by John W. Arden.A bill attempting to use antitrust law to ?put the beaks? on increasing gasoline prices passed the U.S. House of Representatives yesterday by a 324-to-84 margin...

FTC's Finding of Price Fixing by

Posted on May 20, 2008
FTC's Finding of Price Fixing by Texas Doctors' Group UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission's determination that the conduct of the North Texas Specialty Physicians (NTSP), an organization of independent physicians and physician groups principally located in and around the city of Fort Worth, amounted to horizontal price fixing has been upheld by the U...

FTC Issues Compliance Guide for

Posted on May 19, 2008
FTC Issues Compliance Guide for Revised Franchise Rule This posting was written by Peter Reap, editor of CCH Business Franchise Guide.Correspondent.The Federal Trade Commission issued its long-awaited Compliance Guide to assist franchisors in complying with the 2007 revised franchise disclosure rule on May 5...

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