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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

FTC Alleges Suppression of Competition

Posted on June 23, 2010
FTC Alleges Suppression of Competition for Teeth Whitening ServicesThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Dentists in North Carolina, acting through the state dental board, colluded to exclude non-dentists from competing in the provision of teeth whitening services, the FTC has alleged in an administrative complaint...

Manufacturer Not Liable for Seller's

Posted on June 22, 2010
Manufacturer Not Liable for Seller's Alleged False Advertising of ProductsThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Taiwanese bicycle component manufacturer Tien Hsin was not directly or vicariously liable under the Lanham Act or Washington law for allegedly false advertising by a separate corporation (FSA)?whose trademark was held by the manufacturer?that sold Tien Hsin's products to North American distributors and retailers, the federal district court in Seattle has ruled...

Consumer Protection Class Action

Posted on June 21, 2010
Consumer Protection Class Action Certified Against Kansas Gas StationsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.A class of Kansas motor fuel purchasers who purportedly did not receive the amounts of fuel that they paid for were certified to proceed with a Kansas Consumer Protection Act (CPA) claim...

Renewal of Franchises Did Not Trigger

Posted on June 18, 2010
Renewal of Franchises Did Not Trigger California Disclosure ObligationThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A gasoline station franchisor did not violate the California Franchise Investment Law (CFIL) by failing to make prescribed disclosures when it renewed the agreements of many of its franchisees, the federal district court in San Jose, California, has ruled...

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Failure to Disclose Business Plans

Posted on June 17, 2010
Failure to Disclose Business Plans to Prospective Franchisee Did Not Violate Washington LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A pizza restaurant franchisor did not violate the Washington Franchise Investment Protection Act (WFIPA) by failing to disclose to a prospective franchisee that the franchisor was planning to discontinue its outlet franchises at the time that the franchisee purchased its franchise, according to a Washington appellate court...

State Action Doctrine Shields California

Posted on June 16, 2010
State Action Doctrine Shields California Tourism Commission . . . This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The California Travel and Tourism Commission (CTTC) was shielded by the state action immunity doctrine from consumers' claims that the CTTC conspired with the passenger rental car companies to pass on CTTC tourism assessments to consumers, the U...

Limits on Antitrust Damage Exposure

Posted on June 15, 2010
Limits on Antitrust Damage Exposure for Cooperating Cartelists ExtendedThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Provisions in the Antitrust Criminal Penalties Enforcement and Reform Act (ACPERA) of 2004 that limit the civil liability in private antitrust actions of cartel participants who are accepted into the Department of Justice Antitrust Division's leniency program have been extended for ten years...

Federal Antitrust Agency Heads

Posted on June 14, 2010
Federal Antitrust Agency Heads Testify at Senate Subcommittee Oversight HearingThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Senate Judiciary Committee's antitrust subcomittee on June 9 held its first oversight hearing to examine antitrust enforcement under the Obama Administration...

Best Buy ?Price Match? Refusal

Posted on June 11, 2010
Best Buy ?Price Match? Refusal Would Be Consumer FraudThis posting was written by William Zale, Editor of CCH Advertising Law Guide.A Best Buy customer stated plausible claims that the retailer violated the Illinois Consumer Fraud Act and engaged in unjust enrichment by failing to honor its advertised ?price match guarantee,? the federal district court in Chicago has ruled...

Data Breach Notice, Anti-Spam Laws

Posted on June 10, 2010
Data Breach Notice, Anti-Spam Laws Proposed in Canada This posting was written by Thomas A. Long, Editor of CCH Privacy Law in Marketing.Proposed privacy legislation introduced on May 25, 2010 in the Canadian Parliament would create an obligation for Canadian businesses to notify the government and, in some cases, individuals of data security breaches and would place new restrictions on Internet and wireless spam...

Lost Future Royalties?Pundits Were

Posted on June 09, 2010
Lost Future Royalties?Pundits Were Wrong; Sealy Not DeadThis posting was written by Bruce S. Schaeffer of Franchise Valuations, Ltd., co-author of CCH Franchise Regulation and Damages.When the case of Radisson Hotels International, Inc. v. Majestic Towers, Inc...

Antitrust Enforcers Support Rehearing

Posted on June 08, 2010
Antitrust Enforcers Support Rehearing in Cipro Reverse Payment Patent SuitThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The Department of Justice Antitrust Division, the FTC, and 34 states have asked the U.S. Court of Appeals in New York City for an en banc hearing to consider a three-judge panel?s decision (2010-1 Trade Cases �76,989) rejecting an antitrust challenge to a settlement in a patent infringement lawsuit involving the antibiotic ciprofloxacin hydrochloride (Cipro)...

Kellogg Agrees to Tougher Restrictions

Posted on June 07, 2010
Kellogg Agrees to Tougher Restrictions to Resolve FTC Ad ClaimsThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.After resolving an FTC complaint last year that it had engaged in false advertising by claiming that eating a bowl of Frosted Mini-Wheats cereal would improve childrens? attentiveness, the Kellogg Company has agreed to settle agency allegations that it made questionable immunity-related claims for its Rice Krispies cereal...

Australia Franchising Code Requires

Posted on June 04, 2010
Australia Franchising Code Requires Additional Disclosures, Notice of NonrenewalThis posting was written by John W. Arden.Revisions to the Australia Franchising Code of Conduct, announced yesterday, will add categories of presale disclosures that must be provided to prospective franchisees and require franchisors to provide six months? notice of nonrenewal, among other things...

Dismissal of Antitrust Claims Against

Posted on June 03, 2010
Dismissal of Antitrust Claims Against Orthopedic Device Makers UpheldThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.The U.S. Court of Appeals in Philadelphia has rejected antitrust claims against five of the nation?s largest manufacturers of orthopedic devices...

Focus on Franchising This

Posted on June 02, 2010
Focus on Franchising This posting was written by Pete Reap, Editor of CCH Business Franchise Guide, and John W. Arden. News and notes on franchising and distribution topics: ? Manitoba has proposed a franchise disclosure and relationship statute that would require franchisors to make presale disclosures to prospective franchisees, prohibit presale misrepresentations, and impose a duty of good faith and fair dealing on parties to franchise agreements...

FTC Testimony Highlights Privacy

Posted on June 01, 2010
FTC Testimony Highlights Privacy Protection, Competition EffortsThis posting was written by Preston Carter and Darius Sturmer.In testimony before the U.S. Senate Subcommittee on Financial Services and General Government of the Committee on Appropriations on May 20, the FTC described the agency?s continuing work to promote competition and protect American consumers, including initiatives to stop fraud targeting financially distressed consumers and protect privacy...

Nexium Advertising Did Not Violate

Posted on May 31, 2010
Nexium Advertising Did Not Violate State Unfair Trade Practice LawsThis posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law.After deciding that the laws of the home state of each plaintiff applied to consumer protection claims filed by health care benefit plans, plan members, and third party payors against the manufacturer of acid-reflux prescription drug Nexium, the federal district court in Wilmington, Delaware dismissed each claim...

Congress Passes Extension of Limits

Posted on May 28, 2010
Congress Passes Extension of Limits on Antitrust Damages for Leniency Program Participants This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Legislation to extend for ten years the Antitrust Criminal Penalties Enforcement and Reform Act (ACPERA) of 2004 was approved by Congress yesterday...

United, Continental Heads Address

Posted on May 28, 2010
United, Continental Heads Address Antitrust Concerns over Proposed MergerThis posting was written by Sarah Borchersen-Keto, CCH Washington Correspondent.The heads of United Airlines and Continental Airlines Inc. told a Senate panel yesterday that their proposed merger would not reduce industry competition due to the small number of overlapping routes and the abundance of low cost carriers (LCCs), which maintain downward pressure on prices...

Failure to Grant Franchise to Arab

Posted on May 27, 2010
Failure to Grant Franchise to Arab Not Discrimination Under California LawThis posting was written by Pete Reap, Editor of CCH Business Franchise Guide.A restaurant franchisor?s failure to award a franchise to an Arab from the Middle East was not discrimination in violation of a California franchise anti-discrimination statute, a California appellate court has determined...

FTC Closes Investigation into Google-AdMob

Posted on May 26, 2010
FTC Closes Investigation into Google-AdMob MergerThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.The FTC will not challenge Google?s proposed acquisition of mobile advertising network company AdMob under federal antitrust law...

Infomercial Pitchman?s Criminal

Posted on May 25, 2010
Infomercial Pitchman?s Criminal Contempt Order, Prison Sentence VacatedThis posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter.Notorious infomercial producer and marketer Kevin Trudeau should not have been held in direct criminal contempt of court and sentenced to prison for conduct related to ongoing civil contempt proceedings against him in connection with an FTC consumer protection suit, the U...

High Court Allows Antitrust Claims

Posted on May 24, 2010
High Court Allows Antitrust Claims over Exclusive Licensing to Proceed Against NFLThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.An arrangement among the 32 separately-owned member teams of the National Football League (NFL) to license their intellectual property collectively through their jointly-owned licensing affiliate?National Football League Properties (NFLP)?constituted concerted activity under Section 1 of the Sherman Act, a unanimous U...

Dentists, Dental Association Failed

Posted on May 21, 2010
Dentists, Dental Association Failed to Allege Fraud in RICO Claim Against InsurersThis posting was written by Mark Engstrom, Editor of CCH RICO Business Disputes Guide.Three dentists and the American Dental Association (ADA) failed to assert a plausible class-action RICO claim against five insurance companies that allegedly engaged in a scheme to defraud dentists by reducing payments for dental services through improper bundling, automatic downcoding, and the manipulation of dental procedure codes, the U...

Marketing of ?Original Formula?

Posted on May 20, 2010
Marketing of ?Original Formula? Classic Coke Was Not Unfair or DeceptiveThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Coca-Cola?s marketing of ?Classic,? ?Original Formula? Coke with high fructose corn syrup (HFCS) substituted for sucrose was not an unfair practice under the Illinois Consumer Fraud Act, the federal district court in East St...

FTC Approves Combination of Scientific

Posted on May 18, 2010
FTC Approves Combination of Scientific Equipment ManufacturersThis posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter.Agilent Technologies Inc., a supplier of scientific measurement instruments, closed it acquisition of medical device and software maker Varian, Inc...

Inventory Requirement, Control

Posted on May 17, 2010
Inventory Requirement, Control of Supplies Might Be ?Franchise Fee? Under Washington LawThis posting was written by John W. Arden.A supplier?s requirement that distributors maintain a particular level of inventory and its control over the supplies sent to the distributors might constitute a ?franchise fee? within the Washington Franchise Investment Protection Act, according to the U...

Advertisers Can Pursue Suit Against

Posted on May 14, 2010
Advertisers Can Pursue Suit Against Facebook for ?Invalid Click? ChargesThis posting was written by William Zale, Editor of CCH Advertising Law Guide.Advertisers that entered into ?cost per click? arrangements for ads posted on Facebook stated claims that Facebook breached its agreement to charge only for ?legitimate clicks? and violated the California Unfair Competition law, the federal district court in San Jose has ruled...

Public Workshop Will Focus on Intersection

Posted on May 13, 2010
Public Workshop Will Focus on Intersection of Patent, Competition PolicyThis posting was written by John W. Arden.The Federal Trade Commission, Department of Justice, and the Department of Commerce?s U.S. Patent and Trademark Office (USPTO) will hold a joint public workshop on Wednesday, May 26, on the intersection of patent policy and competition policy and its implications for promoting innovation...

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