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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

Tax Lien Bidding Scheme Would Not

Posted on September 23, 2010
Tax Lien Bidding Scheme Would Not Be Civil RICO ViolationThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Tax lien purchasers in Cook County, Illinois, were not liable for RICO violations that competitors asserted after the defendants allegedly conspired to violate the county?s ?single simultaneous bidder rule? (SSBR) in an effort to win a greater share of the tax liens that the county sold at an annual tax auction, the federal district court in Chicago has ruled...

Facebook?s Advertising Charges

Posted on September 22, 2010
Facebook?s Advertising Charges Could Violate California Unfair Competition LawThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Social networking website Facebook PPC could be held liable under the California Unfair Competition Law (UCL) for unfair business practices related to a breach of an advertising contract, but not for fraudulent or unlawful business practices, according to the federal district court in San Jose, California...

Antitrust Institute to Study Competition,

Posted on September 21, 2010
Antitrust Institute to Study Competition, Consolidation in Airline IndustryThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter, and John W. Arden.In light of recent consolidation in the airline industry, the American Antitrust Institute (AAI) will undertake a new study on competition in the U...

Franchise Agreements? Arbitration

Posted on September 20, 2010
Franchise Agreements? Arbitration Clause Was Unenforceable Under California Law This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The arbitration clause in franchise agreements between a Texas payday loan franchisor and two California payday loan franchisees was neither severable nor enforceable under California law, according to the U...

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White House Names Elizabeth Warren

Posted on September 17, 2010
White House Names Elizabeth Warren to Advise New Consumer Financial Protection BureauThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.In a post to the White House blog today, Harvard Law School professor Elizabeth Warren said that she has agreed to serve as an Assistant to the President and Special Advisor to Treasury Secretary Timothy Geithner on the Consumer Financial Protection Bureau...

Illinois Beer Distribution Law

Posted on September 16, 2010
Illinois Beer Distribution Law Discriminated Against Out-of-State BrewersThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.The Illinois beer wholesalers law, as construed by the Illinois Liquor Control Commission, unconstitutionally discriminated against out-of-state brewers by permitting in-state brewers to distribute their products directly to retailers while withholding that privilege from out-of- state brewers, the federal district court in Chicago has ruled...

Class Certification Denied in Plastics

Posted on September 15, 2010
Class Certification Denied in Plastics Additives Price Fixing CaseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The federal district court in Philadelphia has refused to grant class certification to two groups of direct purchasers of certain types of plastics additives used to manufacture or process plastics because the complaining purchasers failed to demonstrate that individual injury was capable of proof by evidence common to the proposed classes...

eBay's Advertising of Tiffany Jewelry

Posted on September 14, 2010
eBay's Advertising of Tiffany Jewelry Not Proven MisleadingThis posting was written by William Zale, Editor of CCH Advertising Law Guide.The famous jeweler Tiffany failed to establish that online marketplace eBay engaged in misleading advertising under the Lanham Act in connection with the sale of counterfeit ?Tiffany? jewelry on its site, the federal district court in New York City has ruled...

FTC Requires Dun & Bradstreet to

Posted on September 13, 2010
FTC Requires Dun & Bradstreet to Divest Previously Acquired Marketing Data FirmThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.To settle an FTC challenge to a 2009 acquisition, the Dun & Bradstreet Corporation has agreed to divestitures aimed at addressing the potential competitive harm caused by the transaction...

Class Action for Junk Faxes Prohibited

Posted on September 10, 2010
Class Action for Junk Faxes Prohibited by New York LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The federal district court in Brooklyn lacked jurisdiction over an individual?s purported class action under the Telephone Consumer Protection Act (TCPA) against a sender of unsolicited fax advertisements, the U...

Sherman Act Did Not Preempt Wisconsin?s

Posted on September 09, 2010
Sherman Act Did Not Preempt Wisconsin?s Gasoline Pricing RegulationsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Chicago last week ruled that Wisconsin?s gasoline pricing regulations under the Wisconsin Unfair Sales Act did not violate federal antitrust laws...

En Banc Rehearing Denied in Cipro

Posted on September 08, 2010
En Banc Rehearing Denied in Cipro Reverse Payment Patent Settlement SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Despite the urging of the federal antitrust enforcement agencies and 34 states, the full U.S. Court of Appeals in New York City will not consider an antitrust challenge to a settlement in a patent infringement lawsuit involving the antibiotic ciprofloxacin hydrochloride (Cipro)...

Air Cargo Firm Agrees to Plead

Posted on September 07, 2010
Air Cargo Firm Agrees to Plead Guilty to Price Fixing, Pay Criminal FineThis posting was written by John W. Arden.Polar Air Cargo LLC has agreed to plead guilty and to pay a $17.4 million criminal fine for its role in a conspiracy to fix prices in the air transportation industry, the U...

Agreement to Impose Licensing Restrictions

Posted on September 03, 2010
Agreement to Impose Licensing Restrictions Would Not Amount to Patent MisuseThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals for the Federal Circuit, sitting en banc, has decided that an alleged agreement between potential competitors to impose licensing restrictions that suppressed an alternative technology for recordable and rewritable compact discs (CDs) would not amount to patent misuse...

Franchisor Might Be Entitled to

Posted on September 01, 2010
Franchisor Might Be Entitled to Future Lost Royalties from "Abandoned" FranchiseThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A transmission service shop franchisor?s claim for lost future royalties from a franchisee that allegedly abandoned its franchise rose above the level of mere speculation, a federal district court in Chattanooga, Tennessee, has held...

Drug Manufacturer's Alleged Patent

Posted on September 01, 2010
Drug Manufacturer's Alleged Patent Scheme May Have Violated Sherman ActThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The manufacturer of a branded constipation drug could have violated federal antitrust law by allegedly improperly listing an invalid patent on the drug in the U...

UAL/Continental Asset Transfer

Posted on August 30, 2010
UAL/Continental Asset Transfer Assuages Antitrust Division?s Merger ConcernsThis posting was written by Georgia Koutouzos, Editor of CCH Aviation Law Reporter.In light of the recent agreement by United Airlines and Continental Airlines to transfer takeoff and landing slots and other assets at Newark Liberty Airport to Southwest Airlines, the U...

Engine Dealer Was Likely New Jersey

Posted on August 27, 2010
Engine Dealer Was Likely New Jersey ?Franchise,? Entitled to Preliminary Injunction Halting TerminationThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.An engine manufacturer and its authorized dealer likely shared a ?community of interest? under the meaning of the New Jersey Franchise Practices Act (NJFPA), a federal district court in Camden, New Jersey, has ruled in a not-for-publication decision...

Supermarkets? Profit Share Agreement

Posted on August 26, 2010
Supermarkets? Profit Share Agreement During Labor Unrest Was AnticompetitiveThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.California?s three largest grocery chains violated federal antitrust law by entering into an agreement to share profits amongst themselves and with a fourth chain during, and for a short period after, an anticipated labor dispute, the U...

?Community of Interest? Made Distribution

Posted on August 25, 2010
?Community of Interest? Made Distribution Arrangement a Wisconsin ?Dealership?This posting was written by Pete Reap, Editor of CCH Business Franchise Guide.Evidence supported a determination by a Wisconsin state court jury that there was a ?community of interest? under the meaning of the Wisconsin Fair Dealership Law (WFDL) between a spa manufacturer and a dealer, a Wisconsin appellate court has ruled...

Brokers, Insurers Did Not Constitute

Posted on August 24, 2010
Brokers, Insurers Did Not Constitute Hub-and-Spoke RICO EnterprisesThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Purchasers of commercial and employee-benefit insurance policies failed to sufficiently allege a series of ?hub-and-spoke? RICO enterprises comprising brokers and insurers that allegedly conspired to participate in unlawful and deceptive ?allocation? schemes to steer unwitting purchasers from the brokers to their insurance company partners, and thereby deny the purchasers the benefits of a competitive market, the U...

FTC Seeks Comments on Proposed

Posted on August 23, 2010
FTC Seeks Comments on Proposed Changes to HSR Form, InstructionsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The FTC has proposed modifications to the Hart-Scott-Rodino premerger notification form and related rules and instructions...

Attorney Is Liable for Unsolicited

Posted on August 20, 2010
Attorney Is Liable for Unsolicited Fax Ads; Amount of Damages to Be DeterminedThis posting was written by William Zale, Editor of CCH Advertising Law Guide.An estate planning attorney is liable in a class action under the federal Telephone Consumer Protection Act (TCPA) for sending ?Daily Plan-It? documents to a list of accountants who did not request the documents, the federal district court in Chicago has ruled...

Federal Antitrust Agencies Issue

Posted on August 19, 2010
Federal Antitrust Agencies Issue Revised Guidance for Merging CompetitorsThis posting was written by Jefrey May, Editor of CCH Trade Regulation Reporter.The Federal Trade Commission and the Department of Justice announced today the issuance of revised Horizontal Merger Guidelines...

Tobacco Settlement Agreement, State

Posted on August 18, 2010
Tobacco Settlement Agreement, State Statute Did Not Create Cost-Sharing Pact, Output CartelThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The Master Settlement Agreement (MSA)?a multi-billion dollar settlement of national tobacco litigation?and a related Louisiana escrow statute did not create and implement a cost-sharing agreement and output cartel that constituted a per se violation of the Sherman Act, the U...

Debit Card Posting Procedure, Resulting

Posted on August 17, 2010
Debit Card Posting Procedure, Resulting in Overdraft Fees, Was an Unfair Business PracticeThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.Wells Fargo Bank?s ?high-to-law? resequencing of debit card charges?which resulted in millions of overdraft fees charged to customers?was an unfair and fraudulent business practice that violated the California Unfair Competition Law (UCL), according to the federal district court in San Francisco...

Novartis? Acquisition of Alcon

Posted on August 16, 2010
Novartis? Acquisition of Alcon Gains FTC Approval with Eye Care Drug DivestituresThis posting was written by Jefrey May, Editor of CCH Trade Regulation Reporter.Novartis AG has agreed to sell an injectable eye care drug used in cataract surgery as part of a settlement resolving FTC charges that Novartis?s proposed acquisition of Alcon, Inc...

Federal Consumer Privacy Bill Introduced

Posted on August 13, 2010
Federal Consumer Privacy Bill Introduced in HouseThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.A proposed federal consumer privacy law titled ?Building Effective Strategies to Promote Responsibility Accountability Choice Transparency Innovation Consumer Expectations and Safeguards Act? (?BEST PRACTICES Act?) was introduced in the House of Representatives on July 19 by Rep...

ABA Antitrust, Franchise Groups

Posted on August 12, 2010
ABA Antitrust, Franchise Groups Announce New OfficersThis posting was written by John W. Arden.The American Bar Association has announced new officers for its Section of Antitrust Law and Forum on Franchising.On August 10, Allan Van Fleet, a shareholder of Greenberg Traurig LLP, started a one-year term as chair of the ABA Section of Antitrust Law...

State?s Bulk Sale of Motor Vehicle

Posted on August 11, 2010
State?s Bulk Sale of Motor Vehicle Records Did Not Violate Federal Driver?s Privacy LawThis posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.The federal Driver?s Privacy Protection Act (DPPA) permitted the State of Texas to sell drivers motor vehicle (DMV) records in bulk to private entities that certified that they had a lawful purpose for acquiring the data, the U...

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