Recent Developments in Antitrust

Justice Department Dismisses Antitrust Lawsuit Against Exelon Corp. And Public Enterprise Service Group Inc.

September 28, 2006 at 9:26 am

On September 28, the DOJ announced that it filed a notice with the U.S. District Court for the District of Columbia to dismiss its antitrust complaint challenging the potential acquisition of Public Service Enterprise Group Inc. (PSEG) by Exelon Corp. Exelon formally abandoned its effort to acquire PSEG, and therefore […]

Five Cable MSOs ask FCC for Conditions on AT&T/BellSouth Merger

September 27, 2006 at 5:21 pm

On September 27, five major cable companies asked the FCC for conditions on AT&T’s merger with BellSouth to ensure that the combined phone giants cannot discriminate against cable’s competing digital-phone service. The cable companies seeking these conditions were Advance/Newhouse Communications, Charter Communications, Cablevision Systems, Cox Communications and Insight Communications. Each […]

FTC Warns Advertisers and Media That Ads May Be Deceptive

September 27, 2006 at 3:59 pm

The Federal Trade Commission (“FTC”) sent letters on September 27, 2006 to 166 advertisers and 77 media outlets warning them that their advertisements targeting Hispanics are potentially deceptive. The ads were spotted during a one-day surf of Spanish-language newspaper, magazine, Internet, radio, and television advertisements by 60 partners around the […]

FCC Adopts Eleventh Annual Report on the State of Competition in the CMRS Industry

September 25, 2006 at 5:23 pm

On September 25, the FCC adopted its Eleventh Annual Report to Congress on the state of competition in the mobile telephone – or Commercial Mobile Radio Services (“CMRS”) – industry. This report examines the conditions prevailing in the CMRS marketplace in 2005. The FCC concluded that there is effective competition […]

Court Rules in FTC’s Favor in Q-Ray Bracelet Case; Orders Defendants to Pay Up To $87 Million

September 20, 2006 at 9:50 am

On September 20, 2006, the federal district court in Chicago ruled for the Federal Trade Commission (“FTC”) in its case against the marketers of the Q-Ray ionized bracelet following a bench trial earlier this summer. In a decision issued September 8, the court found that advertising by Que Te (Andrew) […]

FCC Chairman Kevin Martin Nominated for Second Five-Year Term

September 19, 2006 at 5:26 pm

On September 19, the Senate Commerce Committee unanimously reported on the nomination of FCC Chairman Kevin Martin for a second five-year term. Martin was approved following an off-the-floor markup held after the first vote on the Senate floor. According to Commerce Committee spokesman Joe Brenckle, the only senator to miss […]

FCC’s First Auction of Advanced Wireless Services Spectrum Licenses Raises Total Gross Bids of Nearly $13.9 Billion

September 18, 2006 at 5:24 pm

The FCC’s first auction of Advanced Wireless Service (“AWS”) spectrum licenses ended on September 18. A total of 1,122 licenses were offered in the auction, and 104 bidders won 1,087 licenses. The AWS licenses can be used to provide any of a wide array of innovative wireless services and technologies, […]

Justice Department Dismisses Antitrust Lawsuit Against INCO Ltd. and Falconbridge Ltd.

September 18, 2006 at 9:09 am

On September 18, the DOJ announced that it filed a notice with the U.S. District Court for the District of Columbia to dismiss its antitrust complaint regarding the potential acquisition of Falconbridge Limited by Inco Limited because Inco has formally abandoned its effort to acquire Falconbridge. The DOJ said that […]

FTC Puts a Permanent Halt to Illegal Spamming Operations

September 14, 2006 at 3:55 pm

The Federal Trade Commission (“FTC”) brought a permanent halt on September 14, 2006 to four illegal spamming operations – including one that offered the opportunity to “date lonely wives” and two that hijacked the computers of unwitting third parties and used them to pelt consumers with graphic sexually explicit e-mail. […]

Microsoft’s Vista Faces Regulatory Delays in Europe

September 13, 2006 at 9:23 am

On September 13, the competition regulator for the European Union clashed with Microsoft, this time over security upgrades in the company’s new Windows Vista operating system. The European Commission, the European Union’s executive arm, warned Microsoft against foreclosing competition in computer security by tying new security featrues into its Windows […]