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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

Listerine Purchasers Did Not Show

Posted on March 26, 2008
Listerine Purchasers Did Not Show Similar Injury from ?Effective as Floss? AdsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Certification of a class of all Massachusetts consumers who purchased Listerine mouthwash during an allegedly unfair and deceptive ?effective as floss? advertising campaign was vacated because the purchasers failed to assert a similar injury to all class members, a Massachusetts appellate court has ruled...

Enforcement of NHL Internet Policy

Posted on March 25, 2008
Enforcement of NHL Internet Policy Not Barred on Antitrust GroundsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The owner of the New York Rangers was properly denied a preliminary injunction blocking efforts of the National Hockey League to ban the Rangers from continuing to operate a team website independent from the NHL website, according to the U...

Justice Department Will Not Challenge

Posted on March 24, 2008
Justice Department Will Not Challenge Satellite Radio MergerThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The proposed merger of XM Satellite Radio Holdings Inc. and Sirius Satellite Radio Inc. will not face an antitrust challenge from the Department of Justice Antitrust Division...

South Dakota Enacts New Franchise

Posted on March 21, 2008
South Dakota Enacts New Franchise Disclosure/Registration LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.South Dakota has enacted a new franchise disclosure/registration law and has repealed its Franchises for Brand-Name Goods and Services Act...

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Class Certified in Windows Vista

Posted on March 20, 2008
Class Certified in Windows Vista Marketing CaseThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A class of personal computer purchasers was certified by the federal district court in Seattle in an action alleging that Microsoft unfairly and deceptively marketed its Windows Vista operating system...

FTC Seeks Comments on New Proposal

Posted on March 19, 2008
FTC Seeks Comments on New Proposal for Business Opportunities RuleThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The Federal Trade Commission has approved the publication of a Federal Register notice seeking comments on a revised proposal for a new trade regulation rule government business opportunities...

High Court Will Not Review Antitrust,

Posted on March 18, 2008
High Court Will Not Review Antitrust, False Advertising RulingsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Supreme Court on March 17 denied review of the following trade regulation decisions:? Antitrust standing...

Gift Card Purchaser Not Bound by

Posted on March 17, 2008
Gift Card Purchaser Not Bound by ?Agreement? Terms Inside PackageThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A gift card issuer (American Express) could not compel arbitration of a card purchaser?s class action claims for breach of contract, unjust enrichment, and statutory fraud, the federal district court in Chicago has ruled...

EC Clears Google?s Acquisition

Posted on March 13, 2008
EC Clears Google?s Acquisition of DoubleClickThis posting was written by John W. Arden.Google?s proposed acquisition of Internet advertising server DoubleClick, Inc. did not impede effective competition within the European Economic Area or a significant part, according to a March 11 announcement by the European Commission...

Mistrial Declared in DRAM Price

Posted on March 12, 2008
Mistrial Declared in DRAM Price Fixing Suit Against ExecutiveThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in San Francisco on March 6 declared a mistrial in a Department of Justice Antitrust Division action against an executive for Hynix Semiconductor America Inc...

U.S. Antitrust Chief Points to

Posted on March 10, 2008
U.S. Antitrust Chief Points to Recent Acquisition Approval as Sign of U.S., EC CooperationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Department of Justice Antitrust Division and the European Commission (EC) have approved the combination of two U...

Trade Regulation TidbitsThis posting

Posted on March 07, 2008
Trade Regulation TidbitsThis posting was written by John W. Arden.News, updates, and observations:? Those pursuing corporate acquisitions and mergers should try to complete them before the November election, since such deals may draw more antitrust scrutiny from a prospective Democratic administration, according to the March 5 edition of the Wall Street Journal...

Caremark Settles State Accusations

Posted on March 05, 2008
Caremark Settles State Accusations of Drug Switching This posting was written by Jeffrey May.Caremark Rx, L.L.C., one of the nation's largest pharmacy benefits management companies, has agreed to settle charges brought by 28 states and the District of Columbia that it violated state consumer protection statutes by encouraging doctors to switch patients from originally prescribed brand drugs to different brand name prescription drugs...

Regulators List Top Ten Errors

Posted on March 05, 2008
Regulators List Top Ten Errors in New Franchise Disclosure DocumentsThis posting was written by John W. Arden.State franchise examiners have put together a list of the ?top ten? common errors they have noted in franchise disclosure documents prepared by franchisors under the new FTC franchise rule and the NASAA interim guidelines, according to Dale E...

Drug Maker?s ?Market Switching?

Posted on March 04, 2008
Drug Maker?s ?Market Switching? Did Not Constitute MonopolizationThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Pharmacies and drug wholesalers failed to state monopolization claims based on a drug maker?s purported ?market switching,? the federal district court in Washington, D...

Majoras to Leave FTC in March,

Posted on February 28, 2008
Majoras to Leave FTC in March, Reportedly to Join Private SectorThis posting was written by John W. Arden.Federal Trade Commission Chairman Deborah Platt Majoras will resign in late March, after three-and-a-half years with the agency, it was announced by the FTC on February 28...

NASAA Seeks Comment on Proposed

Posted on February 28, 2008
NASAA Seeks Comment on Proposed Franchise Disclosure/Registration GuidelinesThis posting was written by Peter Reap, Editor of CCH Business Franchise Guide.The North American Securities Administrators Association (NASAA) released for internal and public comment proposed updated franchise registration and disclosure guidelines on February 26, 2008...

Microsoft Fined ?899 Million for

Posted on February 27, 2008
Microsoft Fined ?899 Million for Failing to Comply with EC Interoperability OrderThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The European Commission (EC) imposed a record ? 899 million (approximately $1.3 billion) fine on Microsoft Corporation for failing to comply with its obligations under a March 2004 EC decision, according to a February 27 press release...

U.S., Nevada Condition Combination

Posted on February 26, 2008
U.S., Nevada Condition Combination of Health Insurers on DivestituresThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In order for UnitedHealth Group Inc. to proceed with its acquisition of Sierra Health Services Inc., United would be required to divest assets relating to its Medicare Advantage line of business in the Las Vegas area, under the terms of a proposed U...

$8 Million Damage Award Upheld

Posted on February 25, 2008
$8 Million Damage Award Upheld for Falsely Advertising Product as ?Innovative?This posting was written by William Zale, Editor of CCH Advertising Law Guide.A jury award of over $8 million against Japanese basketball manufacturer Molten for falsely advertising its product design as ?innovative? was upheld by the federal district court in Seattle...

Franchisor Officer Could Be Liable

Posted on February 22, 2008
Franchisor Officer Could Be Liable for Misrepresentation Under Florida Franchise Law This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisee of an electric vehicle sales and rental business adequately stated a claim for violation of the Florida Franchise Act against an officer of the franchisor for intentionally misrepresenting the prospects of success for the franchise, a Florida appellate court has determined...

Oral Guarantees to Prospective

Posted on February 20, 2008
Oral Guarantees to Prospective Franchisees May Have Violated New York Franchise LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A franchisor of package delivery drivers could have violated the antifraud provision of the New York Franchises Law by making oral misrepresentations to ten prospective franchisees regarding the terms of their franchise agreements, a federal district court in New York City has decided...

Antitrust Regulators Approve Thomson?s

Posted on February 19, 2008
Antitrust Regulators Approve Thomson?s Acquisition of ReutersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice and the European Commission (EC) have approved the combination of financial information providers Thomson Corporation and Reuters Group PLC subject to the parties? agreement to sell financial data and related assets aimed at preserving competition...

Nexus Determines When Out-of-State

Posted on February 15, 2008
Nexus Determines When Out-of-State Franchisors Pay Taxes on Royalties, Franchisee RevenuesThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.?Tax nexus? is a term of art in the field of state and local taxation that applies to the determination of whether or not an out-of-state entity (for example, a franchisor) must file and pay taxes with respect to revenues which are generated within a particular jurisdiction where they have no facilities?although they do have franchisees...

Identity Theft Is Top Consumer

Posted on February 14, 2008
Identity Theft Is Top Consumer Complaint of 2007This posting was written by John W. Arden.For the eighth consecutive year, identity theft tops the list of consumer complaints to the Federal Trade Commission, according to an annual report issued February 13...

Focus on FranchisingThis posting

Posted on February 13, 2008
Focus on FranchisingThis posting was written by John W. Arden.? Due to the efforts of Chicago lawyers John R.F. Baer of Sonnenschein, Nath, and Rosenthal and Joe Sheyka of DLA Piper, the Illinois State Bar Association has decided to form a Standing Committee on Franchising and Distribution Law...

Antitrust Division Recommends Review

Posted on February 11, 2008
Antitrust Division Recommends Review of Regulations for Futures ExchangesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division filed comments with the U.S. Department of the Treasury on January 31, recommending that the Treasury Department conduct a careful review to determine whether the current regulatory structure for interest rate futures transactions could be improved to make entry by new exchanges easier...

Computer Buyers Fail to Allege

Posted on February 08, 2008
Computer Buyers Fail to Allege Antitrust Injury in Price Fixing Action Against DRAM MakersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a closely watched case, a federal district court in San Francisco has dismissed a substantial number of state law antitrust claims brought on behalf of computer purchasers who allegedly paid artificially inflated prices for a type of semiconductor chip called dynamic random access memory (DRAM), which was a component of the computers...

Do-Not-Call Registry Bills Cleared

Posted on February 07, 2008
Do-Not-Call Registry Bills Cleared for Presidential ApprovalThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing.Congress on February 6 passed two bills that would make permanent the federal ?do-not-call? registry for residential telephone subscribers who do not wish to receive telemarketing calls...

Privacy Laws Proposed in California,

Posted on February 06, 2008
Privacy Laws Proposed in California, New JerseyThis posting was written by Thomas Long, Editor of CCH Privacy Law in Marketing, and John W. Arden.Bills that would impose further notice requirements for security breaches and restrict the collection and use of personal information of adolescents have been introduced in California and New Jersey, respectively...

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