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International Law

Trade Regulation Talk 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.

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Last Entry: July 14, 2015 at 19:48:00

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Competition Is ?Critical? to Airline

Posted on May 16, 2008
Competition 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, 2008
Trade 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, 2008
RICO 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, 2008
Ad 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...


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Class of Direct Purchasers of Antidepressant

Posted on May 09, 2008
Class 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, 2008
FTC 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, 2008
Bill 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, 2008
Ninth 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, 2008
FTC 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, 2008
FTC 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, 2008
Fruit 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, 2008
Airline 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, 2008
Attorney 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, 2008
False 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, 2008
FTC 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, 2008
Japan 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, 2008
Antitrust 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, 2008
Nondisclosure 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, 2008
Congress 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, 2008
How 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, 2008
Federal 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, 2008
Class 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, 2008
Purchasers 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, 2008
Federal 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, 2008
FTC 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, 2008
Pharmacy 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, 2008
FTC 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, 2008
Federal 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, 2008
Kovacic 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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