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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 Recent Entries: 820
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Competition Is ?Critical? to Airline
Posted on May 16, 2008Competition Is ?Critical? to Airline Industry: Justice DepartmentThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The Department of Justice (DOJ) considers competition in the airline industry to be ?critical,? and will consider each merger proposal on the basis of its individual merits, the House Aviation Subcommittee heard May 14...
Trade Regulation TidbitsThis posting
Posted on May 15, 2008Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? In May 14 testimony before the U.S. House Committee on Transportation and Infrastructure, the president of the American Antitrust Institute (AAI) warned that a proposed merger between Delta and Northwest Airlines could spur additional consolidation in the U...
RICO Claims Based on Franchisor
Posted on May 13, 2008RICO Claims Based on Franchisor Misrepresentations About Sourcing ReinstatedThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Previously dismissed civil RICO claims against a sandwich shop franchisor were reinstated after the federal district court in Green Bay, Wisconsin, concluded that its original decision was in error...
Ad Program Using State Vehicle
Posted on May 12, 2008Ad Program Using State Vehicle Registration Information Did Not Violate Federal LawThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.A company that contracted with the Florida Department of Highway Safety and Motor Vehicles (DMV) to mail notices to Florida vehicle owners, reminding them to renew vehicle registrations, did not violate the federal Driver's Privacy Protection Act (DPPA) by using information in vehicle owners' registration files to sell targeted advertising that was placed in the envelopes along with the renewals, the federal district court in Jacksonville has decided...
Class of Direct Purchasers of Antidepressant
Posted on May 09, 2008Class of Direct Purchasers of Antidepressant Drug Certified in Monopoly CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Philadelphia has certified a class comprised of approximately 100 direct purchasers of the branded antidepressant Wellbutrin SR to pursue monopoly claims against the drug's maker?GlaxoSmithKline?for delaying the entry of generic competition...
FTC Modifies Order to Permit Nine
Posted on May 06, 2008FTC Modifies Order to Permit Nine West to Set Resale PricesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.An FTC consent order that prohibited Nine West Group, Inc., a major manufacturer and seller of women's shoes, from engaging in resale price maintenance (RPM) agreements with dealers has been modified by the Commission in light of the 2007 U...
Bill Extending Antitrust Exemption
Posted on May 05, 2008Bill Extending Antitrust Exemption for College Financial Aid Awards Passes HouseThis posting was written by John Scorza, CCH Washington Correspondent.Colleges and universities would be allowed to collaborate with each other about administering need-based financial aid without fear of violating antitrust laws, under a bill approved on April 30 by the House...
Ninth Circuit Reaffirms Direct
Posted on May 01, 2008Ninth Circuit Reaffirms Direct Purchaser Rule, Denies Hospital?s Antitrust StandingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in San Francisco yesterday refused to create an exception to the direct purchaser rule of Illinois Brick Co...
FTC Challenge to Patent-Settlement
Posted on April 30, 2008FTC Challenge to Patent-Settlement Tactics Transferred to Federal Court in PennsylvaniaThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.A closely-watched Federal Trade Commisison (FTC) case against Cephalon, Inc.?the manufacturer of the prescription wakefulness drug Provigil?for impeding the entry of generic substitutes through patent settlement arrangements has been transferred from the federal district court in Washington, D...
FTC Final Order Requires ENH to
Posted on April 28, 2008FTC Final Order Requires ENH to Conduct Separate Negotiations with MCOsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission has issued an order providing rules for how Evanston Northwestern Healthcare Corporation (ENH)?an operator of hospitals in Chicago North Shore suburbs?must negotiate with health insurance companies or managed care organizations...
Fruit Juice Snacks Packaging Could
Posted on April 28, 2008Fruit Juice Snacks Packaging Could Deceive ?Reasonable Consumer?This posting was written by William Zale, Editor of CCH Advertising Law Guide.Purchasers of Gerber ?Fruit Juice Snacks? stated California statutory false advertising and unfair competition claims and could plausibly prove that a reasonable consumer would be deceived by the product's packaging, the U...
Airline Chiefs Cite Fuel Costs,
Posted on April 25, 2008Airline Chiefs Cite Fuel Costs, International Competition as Major Reasons to MergeThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The chief executives of Delta Air Lines and Northwest Airlines, testifying before House and Senate Committees on April 24, cited the unprecedented rise in fuel costs and increased international competition as key factors behind their proposed merger...
Attorney Ads Not Subject to Heightened
Posted on April 24, 2008Attorney Ads Not Subject to Heightened Scrutiny Under Colorado LawThis posting was written by Mark Engstrom, Editor of CCH State Unfair Trade Practices Law.Attorney advertising was not subject to a heightened standard of scrutiny under the Colorado Consumer Protection Act (CPA), the federal district court in Denver has ruled...
False Ad Suit Against Poultry Producer
Posted on April 23, 2008False Ad Suit Against Poultry Producer Not Barred by USDA Label ApprovalThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Advertising by Tyson Foods that its chicken was ?Raised Without Antibiotics that impact antibiotic resistance in humans? could violate the Lanham Act?s false advertising prohibition, even though the U...
FTC Determination that Rambus Abused
Posted on April 22, 2008FTC Determination that Rambus Abused Standard-Setting Process VacatedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission failed to demonstrate that Rambus Inc.?s actions before a standard setting organization (SSO) amounted to exclusionary conduct ?under settled principles of antitrust law,? the U...
Japan Airlines Agrees to Plead
Posted on April 22, 2008Japan Airlines Agrees to Plead Guilty to Fixing Cargo Shipping PricesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Japan Airlines International Co. Ltd. has joined the list of other global air carriers?including British Airways Plc...
Antitrust Enforcers Announce International
Posted on April 18, 2008Antitrust Enforcers Announce International Competition Network?s Recommended PracticesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The heads of the federal antitrust agencies were in Kyoto, Japan, earlier this week, promoting antitrust convergence at the seventh annual International Competition Network (ICN) Conference...
Nondisclosure of Franchisor Supplier
Posted on April 17, 2008Nondisclosure of Franchisor Supplier Contracts Was Not Fraudulent Inducement of FranchiseesThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A sandwich shop franchisor's failure to disclose facts about its contracts with franchise suppliers did not constitute fraud or fraud by omission in inducing a putative class of Illinois sandwich shop franchisees to enter into franchise agreements, the federal district court in Chicago has decided...
Congress Pledges to Vigorously
Posted on April 16, 2008Congress Pledges to Vigorously Scrutinize Delta/Northwest Merger ProposalThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.Congressional leaders pledged to vigorously scrutinize the proposed merger of Delta Air Lines and Northwest Airlines after the two carriers announced they plan to merge into a combined carrier worth $17...
How to Value a Franchise Depends
Posted on April 15, 2008How to Value a Franchise Depends on Why You?re Valuing ItThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.Valuation of a franchise is an issue in many franchise disputes. It is calculated in several different ways, but usually is defined as what a hypothetical buyer would pay for it...
Federal Trade Commission Testimony
Posted on April 14, 2008Federal Trade Commission Testimony Supports Proposed 2008 Reauthorization ActThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.All four current FTC commissioners testified before the Senate Commerce Committee on April 8, discussing a proposal to reauthorize the agency for the next seven years...
Class Certification of Buyers of
Posted on April 13, 2008Class Certification of Buyers of Canadian Cars Reversed, VacatedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Certification of classes seeking injunctive relief under federal antitrust laws and damages under 20 state antitrust and consumer protection laws against automobile manufacturers was improper, a divided U...
Purchasers Assert RICO Injury from
Posted on April 10, 2008Purchasers Assert RICO Injury from Overvaluation of HomesThis posting was written by William Zale, Editor of CCH RICO Business Disputes Guide.In a civil RICO action, home purchasers? evidence could support the conclusion that a real estate developer?s activities proximately caused the purchasers? alleged injuries in connection with the mortgage financing of overvalued homes, the federal district court in Harrisburg, Pennsylvania has ruled...
Federal Legislative Outlook, Privacy/Antitrust
Posted on April 09, 2008Federal Legislative Outlook, Privacy/Antitrust Issues Discussed at IAPP Privacy SummitThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.Congress is unlikely to complete legislation on data security in the current term, David Strickland, counsel for the Senate Commerce Committee, said on March 27...
FTC Privacy Principles Might Not
Posted on April 08, 2008FTC Privacy Principles Might Not Address Consumers? Behavioral Advertising Issues: SurveyThis posting was written by John W. Arden.Widespread adoption of the FTC?s proposed privacy principles regarding online behavioral advertising might not significantly impact consumers? feelings about marketers? use of their online activity to tailor advertisements, according to a recent survey of more than 2,500 adults...
?Light? Cigarette Purchasers Cannot
Posted on April 07, 2008?Light? Cigarette Purchasers Cannot Pursue RICO Class ActionThis posting was written by William Zale, Editor of CCH Advertising Law Guide.In a case asserting that tobacco companies' marketing and branding deceived smokers into believing that ?light? cigarettes were healthier than ?full-flavored? cigarettes, certification of a class of light cigarette purchasers was reversed by the U...
Pharmacy Chain to Improve Document
Posted on April 04, 2008Pharmacy Chain to Improve Document Disposal to Settle Texas Information Security ClaimsThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.The State of Texas has reached a settlement of claims that CVS Pharmacy, Inc. violated state laws regulating the disposal of customer records containing sensitive personal information, Texas Attorney General Greg Abbott announced on March 26...
FTC 2008 Annual Report Describes
Posted on April 03, 2008FTC 2008 Annual Report Describes Agency Mission, Highlights AccomplishmentsThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Outgoing FTC Chairman Deborah Platt Majoras issued the Commission?s 2008 Annual Report at the American Bar Association?s Section of Antitrust Law Spring Meeting on March 28 in Washington, D...
Federal Enforcement Chiefs Offer
Posted on April 02, 2008Federal Enforcement Chiefs Offer Views at ABA Antitrust Spring MeetingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The then-current heads of both federal antitrust agencies reflected on their tenures during the March 28 enforcement roundtable at the American Bar Association Section of Antitrust Law Spring Meeting in Washington, D...
Kovacic Replaces Majoras As FTC
Posted on April 01, 2008Kovacic Replaces Majoras As FTC ChairmanThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.FTC Commissioner William E. Kovacic assumed the role of Chairman at the agency on March 31, following the departure of Deborah Platt Majoras from the position last week...
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
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When Government Inversely Condemns Property by Regulation, Magnitude of State Interest Has No Bearing Upon Just Compensation
The New Jersey Supreme Court recently decided a case in which a p...
Trade Secrets
Former execs are hit with doctrine of inevitable disclosure.
How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...

How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What can be done to stop "Harry T. Keane Jr" from persuig his Entertainment Fraud Business ?
Harry Keane in the Dallas Tx area is a fraud. He cannot tell the truth. His whol...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Can I sue my employer for creating a hostile work environment and lying about my work performance to get me to quit?
How does the owner of the business feel about all of this? I suggest that you tr...








