DOJ INVESTIGATING MONSANTO
On January 14, the DOJ announced that it has opened a formal antitrust investigation of the soybean seed industry.
Continue reading "DOJ INVESTIGATING MONSANTO" »
Bookmark: 
January 14, 2010
December 17, 2009
FTC Sues Intel
On December 16, 2009, the Federal Trade Commission ("FTC") filed an administrative complaint against Intel Corporation ("Intel") alleging that it has engaged in anticompetitive and unfair conduct in order to stifle competition and maintain its monopoly position.
Continue reading "FTC Sues Intel " »
Bookmark:
November 2, 2009
MICHIGAN REALTORS' GROUP REDUCED COMPETITION BY RESTRICTING ACCESS TO ITS MULTIPLE LISTING SERVICE
On November 2, 2009, the Federal Trade Commission (“FTC”) released an opinion stating that the Realcomp II (“Realcomp”), a real estate multiple listing service (“MLS”) serving southeast Michigan, took part in anticompetitive practices by restricting some of its members access to its database.
Bookmark:
September 18, 2009
DOJ PRESENTS CONCERNS TO COURT REGARDING GOOGLE'S BOOK SETTLEMENT
On September 18, the DOJ presented its a statement of its views regarding the proposed class action settlement between the American Association of Publishers and Google. As the parties continue to modify the settlement agreement, the DOJ issued a statement of interest to the court to provide the court with the Antitrust Division's concerns relating to a potential settlement.
Continue reading "DOJ PRESENTS CONCERNS TO COURT REGARDING GOOGLE'S BOOK SETTLEMENT" »
Bookmark:
September 4, 2009
DOJ WILL NOT CHALLENGE HOSPITAL’S JOINT PURCHASING AGREEMENT
On September 4, 2009, the Department of Justice (“DOJ”) announced that it would not challenge a joint purchasing agreement of certain medical supplies between Memorial Health, Inc (“Memorial”) and St. Joseph’s/Candler Health System (“St. Joseph’s/Candler”). The efficiencies produced by the joint purchasing agreement will reduce transactions for the hospitals and will result in lower costs and increased hospital services to consumers.
Memorial and St. Joseph's/Candler are 501(c)(3) non-profit organizations that own acute tertiary care hospitals in Savannah, Ga., that serve Southeast Georgia and the low-country area of South Carolina. Memorial owns and operates the Memorial Health University Medical Center. St. Joseph's/Candler owns and operates St. Joseph's Hospital and Candler Hospital.
Continue reading "DOJ WILL NOT CHALLENGE HOSPITAL’S JOINT PURCHASING AGREEMENT" »
Bookmark:
August 6, 2009
DOJ AND USDA TO HOLD PUBLIC WORKSHOPS TO EXPLORE COMPETITION ISSUES IN THE AGRICULTURE INDUSTRY
On August 5, 2009, Attorney General Eric Holder and Agriculture Secretary Tom Vilsack announced that the Department of Justice and the U.S. Department of Agriculture ("USDA") will hold joint public workshops to explore competition issues affecting the agriculture industry and the appropriate role for antitrust enforcement in agriculture. These are the first joint DOJ/USDA workshops ever to be held to discuss competition and regulatory issues in the agriculture industry.
Bookmark:
August 3, 2009
FTC WILL CONTINUE INVESTIGATION OF INTERLOCKING DIRECTORS BETWEEN GOOGLE AND APPLE
On August 3, the Federal Trade Commission said it will continue to investigate the relationship between the boards of Apple, Inc. and Google, Inc. even after Google's CEO, Eric Schmidt, resigned from Apple's board earlier in the day.
Bookmark:
July 6, 2009
DOJ REPORTEDLY REVIEWING TELECOMMUNICATIONS INDUSTRY
On July 6, a number of news sources reported that the DOJ has begun looking into whether large U.S. telecommunications companies such as AT&T Inc. and Verizon Communications Inc. are abusing their market power they have amassed in recent years.
Continue reading "DOJ REPORTEDLY REVIEWING TELECOMMUNICATIONS INDUSTRY" »
Bookmark:
June 4, 2009
FTC SETTLES PRICE FIXING CHARGES AGAINST DOCTOR GROUP
On June 4, 2009, Alta Bates Medical Group, Inc. ("Alta Bates"), a 600-physician independent practice association serving the Berkeley and Oakland, California, area, agreed to settle Federal Trade Commission charges that it violated the antitrust laws by fixing prices charged to health care insurers. The proposed consent order agreed to by the doctor group and the FTC prohibits Alta Bates from collectively negotiating fee-for-service reimbursements and engaging in related anticompetitive conduct.
Continue reading "FTC SETTLES PRICE FIXING CHARGES AGAINST DOCTOR GROUP" »
Bookmark:
May 11, 2009
ANTITRUST DIVISION WILL TAKE A MORE AGGRESSIVE APPROACH TO EXCLUSIONARY CONDUCT
On May 11, 2009, Christine A. Varney, Assistant Attorney General in charge of the Department's Antitrust Division, delivered her first speech at an event sponsored by the Center for American Progress. The speech, entitled "Vigorous Antitrust Enforcement in this Challenging Era," confirms that the new administration intends be much more active role than the Bush administration in terms of antitrust enforcement. Her speech primarily focused on the Department's approach to enforcing Section 2 of the Sherman Act, which prohibits monopolization or attempts to monopolize.
Continue reading "ANTITRUST DIVISION WILL TAKE A MORE AGGRESSIVE APPROACH TO EXCLUSIONARY CONDUCT" »
Bookmark:
May 5, 2009
FTC INVESTIGATING GOOGLE, APPLE
On May 5, it was reported by various news sources that the Federal Trade Commission opened an investigation into whether an overlap of directors on the boards of Apple Inc. and Google Inc. violates the antitrust laws,
Continue reading "FTC INVESTIGATING GOOGLE, APPLE" »
Bookmark:
March 26, 2009
BRISTOL-MYERS TO PAY $2.1 MILLION FOR FAILURE TO DISCLOSE AGREEMENT TO DELAY GENERIC ENTRY OF PLAVIX
On March 26, 2009, Bristol-Myers Squibb Company ("BMS") agreed to pay a fine of $2.1 million for failing to inform the Federal Trade Commission of oral agreements reached with Apotex, Inc., regarding potential generic competition to its drug Plavix. BMS’s conduct violated a 2003 FTC Order and the Medicare Modernization Act, which requires that certain patent lawsuit settlment agreements be accurately reported to both the Commission and the U.S. Department of Justice ("DOJ"). The complaint alleges that BMS failed to disclose that, as part of a patent settlement in which Apotex agreed not to launch its generic version of Plavix for several years, BMS also orally said that it would not compete with Apotex during the first 180 days after Apotex entered with its new generic drug.
Bookmark:
July 16, 2008
EU TO EXPAND INTEL ANTITRUST INVESTIGATION
On July 16, 2008, the European Commission (“EC”) announced that it would expand its investigation of the Intel Corporation by filing new antitrust charges. The charges allege that Intel provides inducements, such as discounts, rebates, and marketing payments, to computer manufactures discouraging them to use chips made by Intel’s smaller rival Advanced Micro Devices (“AMD”). Intel’s ubiquitous x86 chips are found in 75 percent of all personal computers and low-cost servers.
Continue reading "EU TO EXPAND INTEL ANTITRUST INVESTIGATION " »
Bookmark:
June 2, 2008
DELAWARE JUDGE UNSEALS COMPLAINT AGAINST YAHOO’S BOARD OF DIRECTORS
On June 2, 2008 Chancellor William B. Chandler III of Delaware decided to unseal the complaint in a case brought by two pension fund shareholder groups against Yahoo and its Board of Directors. The plaintiffs accused the Yahoo Board of Directors, especially CEO Jerry Yang, of violating their fiduciary duties and enacting barriers such as a severance package for employees to thwart an acquisition by Microsoft.
Continue reading "DELAWARE JUDGE UNSEALS COMPLAINT AGAINST YAHOO’S BOARD OF DIRECTORS" »
Bookmark:
January 6, 2008
DEPARTMENT OF DEFENSE CONTRACTORS ARRESTED FOR CONSPIRING TO STEAL INFORMATION ON FUEL SUPPLY CONTRACTS
Two U.S. Department of Defense (“DOD”) contractors were arrested in New York City on January 6, 2008, and charged with conspiring to steal information relating to DOD contracts to supply fuel to DOD aircraft worldwide. Two contractor firms and a third individual are also charged with participating in the conspiracies. The Department said the conspiracies took place from about February 2005 to about July 2006.
Bookmark:
November 10, 2007
GUILTY PLEA IN BID RIGGING AND FRAUD AT NEW YORK PRESBYTERIAN HOSPITAL
On November 7, 2007, the Department of Justice announced that Mister A.C. Ltd. (Mister A.C.), a Rockville Center, N.Y. heating, ventilation and air conditioning (HVAC) services company and its owner, Michael Vignola, pleaded guilty in U.S. District Court in Manhattan for rigging bids to NYPH from approximately 2002 until January of 2006. Mr. Vignola also pled guilty to one count of conspiracy to defraud NYPH by paying kickbacks to NYPH employees from approximately 2001 until January 2006.
Continue reading "GUILTY PLEA IN BID RIGGING AND FRAUD AT NEW YORK PRESBYTERIAN HOSPITAL " »
Bookmark:
September 22, 2007
FTC ADVISES ROCHESTER PHYSICIAN ORGINIZATION IT WILL NOT RECOMMEND ANTITRUST CHALLENGE TO PROPOSAL FOR "CLINICAL INTEGRATION" PROGRAM
On September 21, 2007, Federal Trade Commission advised the Greater Rochester Independent Practice Association, Inc. (GRIPA), that it had no present intention to challenge the organization’s planned conversion to a non-exclusive physician network joint venture. GRIPA requested a staff advisory opinion regarding its proposal to combine and coordinate the provision of medical services to patients.
Bookmark:
January 8, 2007
FTC Sues Payment Processor That Took Millions From Consumers’ Bank Accounts Without Their Knowledge
On January 8th, a payment processor violated federal law when it debited, or tried to debit, more than $9.9 million from consumers’ bank accounts – at $139 each – without their approval. According to a complaint the FTC filed in federal court, Nevada-based InterBill Ltd. acted on behalf of a fraudulent enterprise known as “Pharmacycards.com.” In 2004 the FTC charged Pharmacycards with debiting millions of dollars from consumers’ checking accounts, without their consent, for nonexistent discount pharmacy cards.
Bookmark:
January 4, 2007
Federal Trade Commission Reaches New Year’s Resolutions with Four Major Weight-Control Pill Marketers
The FTC filed complaints on January 4th, in four separate cases alleging that weight-loss and weight-control claims were not supported by competent and reliable scientific evidence. Marketers of the four products –Xenadrine EFX, CortiSlim, TrimSpa, and One-A-Day WeightSmart –settled with the FTC, surrendered cash and other assets worth at least $25 million, and agreed to limit their future advertising claims.
Bookmark:
December 29, 2006
FTC Charges Chicago-Area Doctor Groups with Price Fixing
On December 29, the Federal Trade Commission announced its decision to challenge the conduct of several organizations representing more than 2,900 independent Chicago-area physicians for agreeing to fix prices and for refusing to deal with certain health plans except on collectively determined terms. The FTC’s complaint charges that the actions of Advocate Health Partners (“AHP”) and other related parties unreasonably restrained competition in violation of Section 5 of the FTC Act. The consent order settling the FTC’s charges prohibit the respondents from engaging in such anticompetitive conduct in the future.
Continue reading "FTC Charges Chicago-Area Doctor Groups with Price Fixing" »
Bookmark:
November 28, 2006
FTC Targets Bogus Claims for Pill Advertised to Make Kids Taller
On November 28, a Florida business and its owner, who marketed purported height-enhancing pills for kids and young adults, agreed to pay $375,000 to settle charges that their advertising claims were deceptive. The Federal Trade Commission charged the defendants with making false and unsubstantiated claims for HeightMax, as well as for two other supplements, Liposan Ultra Chitosan Fat Blocker and Osteo-Vite.
Continue reading "FTC Targets Bogus Claims for Pill Advertised to Make Kids Taller" »
Bookmark:
November 16, 2006
Guidance Software Inc. Settles FTC Charges
On November 16, Guidance Software Inc. agreed to settle Federal Trade Commission charges that its failure to take reasonable security measures to protect sensitive customer data contradicted security promises made on its Web site and violated federal law. According to the FTC, Guidance’s data-security failure allowed hackers to access sensitive credit card information for thousands of consumers. The settlement will require the company to implement a comprehensive information-security program and obtain audits by an independent third-party security professional every other year for 10 years.
Continue reading "Guidance Software Inc. Settles FTC Charges" »
Bookmark:
November 14, 2006
Mary Beth Richards Appointed Deputy Director of the FTC’s Bureau of Consumer Protection
Federal Trade Commission Chairman Deborah Platt Majoras announced on November 14 that Mary Beth Richards will join the agency as Deputy Director of the Bureau of Consumer Protection. Richards comes to the FTC from the Federal Communications Commission, where she served as Deputy Bureau Chief and Chief of Staff in the Consumer and Governmental Affairs Bureau.
Bookmark:
November 13, 2006
Court Shuts Down Media Motor Spyware Operation
On November 13, a U.S. District Court shut down an operation that secretly downloaded multiple malevolent software programs, including spyware, onto millions of computers without consumers’ consent, degrading their computers’ performance, spying on them, and exposing them to a barrage of disruptive advertisements. The Federal Trade Commission asked the court to order a permanent halt to these deceptive and unfair downloads, and to order the outfit to give up its ill-gotten gains.
Continue reading "Court Shuts Down Media Motor Spyware Operation" »
Bookmark:
November 6, 2006
Marketer Settles With FTC for Sending Unwanted E-Mails
A company that sent unsolicited commercial e-mail after consumers asked it to stop agreed to pay a $50,717 civil penalty on November 6 to settle Federal Trade Commission charges that it violated federal law. The FTC charged Yesmail Inc., doing business as @Once Corporation, with sending e-mail on behalf of its clients more than 10 business days after recipients asked it to stop.
Continue reading "Marketer Settles With FTC for Sending Unwanted E-Mails" »
Bookmark:
November 3, 2006
Zango, Inc. Settles FTC Charges
On November 3, Zango, Inc., formerly known as 180solutions, Inc., one of the world’s largest distributors of adware, and two principals agreed to settle Federal Trade Commission charges that they used unfair and deceptive methods to download adware and obstruct consumers from removing it, in violation of federal law. The settlement bars future downloads of Zango’s adware without consumers’ consent, requires Zango to provide a way for consumers to remove the adware, and requires them to give up $3 million in ill-gotten gains.
Continue reading "Zango, Inc. Settles FTC Charges" »
Bookmark:
October 5, 2006
Telephone Record Seller Settles FTC Charges
On October 5, an Internet business that advertised and sold consumers’ phone records and records of credit card accounts to third parties agreed to settle Federal Trade Commission charges that it violated federal law. The settlement bars the defendants from obtaining or selling consumers’ confidential phone and credit account records unless authorized by law or court order’ and requires that they give up the money they made selling phone records in the past.
Continue reading "Telephone Record Seller Settles FTC Charges" »
Bookmark:
September 27, 2006
FTC Warns Advertisers and Media That Ads May Be Deceptive
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 United States and Latin America, coordinated by the FTC.
Continue reading "FTC Warns Advertisers and Media That Ads May Be Deceptive" »
Bookmark:
September 25, 2006
FCC Adopts Eleventh Annual Report on the State of Competition in the CMRS Industry
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.
Bookmark:
September 20, 2006
Court Rules in FTC's Favor in Q-Ray Bracelet Case; Orders Defendants to Pay Up To $87 Million
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) Park and his companies was false and misleading in representing that the bracelet provides immediate, significant, and/or complete pain relief, and that scientific tests proved that it relieves pain.
Bookmark:
September 18, 2006
FCC’s First Auction of Advanced Wireless Services Spectrum Licenses Raises Total Gross Bids of Nearly $13.9 Billion
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, including voice, data, video, and other wireless broadband services offered over Third Generation (“3G”) mobile networks.
Bookmark:
September 14, 2006
FTC Puts a Permanent Halt to Illegal Spamming Operations
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. The FTC charged the operators with sending spam that violated provisions of the CAN-SPAM Act, and halted the illegal spamming.
Continue reading "FTC Puts a Permanent Halt to Illegal Spamming Operations" »
Bookmark:
September 13, 2006
Microsoft's Vista Faces Regulatory Delays in Europe
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 operating system. Both Symantec and Adobe, the U.S. software groups, raised concerns over the inclusion in Vista of software that rivals their own offerings.
Continue reading "Microsoft's Vista Faces Regulatory Delays in Europe" »
Bookmark:
September 12, 2006
German Airline Settles Price Suit
On September 12, Deutsche Lufthansa said it would pay $85 million to settle 80 class-action lawsuits in the United States in a price-fixing inquiry involving its air cargo unit. The payment would release the airline and Swiss International Air Lines, which it is taking over, from pending lawsuits in the United States. The settlement is subject to court approval. Lufthansa Cargo is among nine airlines accused of violating antitrust laws by fixing prices in the $50 billion global air cargo market. The European Union and United States authorities requested information from at least 12 carriers in February; the inquiry focused on surcharges for fuel and security risks.
Continue reading "German Airline Settles Price Suit" »
Bookmark:
September 12, 2006
Regulatory Review of Intel Widens in Europe
The European Commission (“EC”) enlarged the scope of its antitrust review of Intel on September 12 to investigate whether the company pressured an electronics retailer to exclude chips made by Advanced Micro Devices (“AMD”). The relationship between Intel, the world's largest chip maker, and the retailer, the Media Market division of the German company Metro, was being investigated by the Bundeskartellamt, Germany's competition agency, after a complaint by AMD. However, the EC is taking over the case because it is already looking at whether Intel pressured computer makers to prevent AMD from gaining market share.
Continue reading "Regulatory Review of Intel Widens in Europe" »
Bookmark:
September 11, 2006
Magazine Seller Will Pay More Than $7 Million
On September 11, 2006, a federal judge ordered a magazine subscription seller to pay a civil penalty of more than $5.4 million and give up more than $1.6 million of his ill-gotten gains for violating a 1996 Federal Trade Commission (“FTC”) consent order and the FTC’s Telemarketing Sales Rule (“TSR”). This amount is the largest civil penalty the FTC ever obtained for a violation of a consent order in a consumer protection matter.
Continue reading "Magazine Seller Will Pay More Than $7 Million" »
Bookmark:
September 7, 2006
Xanga.com to pay $1 Million for Violating Children’s Online Privacy Protection Rule
Social networking Web site operators Xanga.com, Inc. and its principals, Marc Ginsburg and John Hiler, will pay a $1 million civil penalty for allegedly violating the Children’s Online Privacy Protection Act (“COPPA”), and its implementing Rule, under the terms of a settlement with the Federal Trade Commission (“FTC” or “Commission”) announced on September 7, 2006. According to the FTC, Xanga.com collected, used, and disclosed personal information from children under the age of 13 without first notifying parents and obtaining their consent. The penalty is the largest ever assessed by the FTC for a COPPA violation, and is more than twice the next largest penalty.
Bookmark:
September 6, 2006
FTC Testifies on Competition in Group Health Care
The Federal Trade Commission today told the Senate Judiciary Committee that the agency protects health care consumers from anti-competitive conduct by enforcing antitrust laws, and that the FTC is committed to working with physicians and other providers to give them guidance to avoid antitrust pitfalls as they respond to market challenges.
Continue reading "FTC Testifies on Competition in Group Health Care" »
Bookmark:
August 22, 2006
FTC Halts Bogus Claims for Fuel Saving Device
On August 22, the manufacturer of a magnetic “fuel saving” and emissions-reduction device that did not save fuel or reduce emissions will pay $4.2 million to settle Federal Trade Commission (“FTC”) charges that his advertising claims were false. The FTC will seek to provide redress to consumers who bought the device based on the false advertising claims. In addition, the defendants will be banned from selling or manufacturing magnetic fuel savings and emissions reduction devices.
Continue reading "FTC Halts Bogus Claims for Fuel Saving Device" »
Bookmark:
August 15, 2006
FTC Sues to Halt Unfair Movieland Downloads
The Federal Trade Commission filed a complaint on August 15 in U.S. district court, seeking to halt an operation that downloads software barraging consumers with pop-ups demanding payment to make the pop-ups go away. The Office of the Attorney General of the State of Washington also sued the operators.
Continue reading "FTC Sues to Halt Unfair Movieland Downloads" »
Bookmark:
August 14, 2006
Internet Video Distributor VDC Complains to FCC about Inability to Secure Carriage Deals with Established Cable Networks
In an August 14 letter to the FCC, internet video distributor VDC Corp. (“VDC”), owner of VDC.com, complained that it is having difficulty securing carriage deals with established cable networks. While VDC.com distributes content from Discovery Communications, most of the company’s carriage deals are with smaller cable networks such as The Pentagon Channel and Mav TV. The broadband video site also carries home-shopping channels QVC and ShopNBC. VDC chairman Scott Wolf said that VDC plans to seek relief from the FCC “in the next few weeks” under the FCC’s program access rules. In his letter to FCC chairman Kevin Martin, Wolf alleges that some cable networks are balking at licensing their networks to VDC.com because of “external influence, mainly from the large [cable] MSOs.”
Bookmark:
August 10, 2006
Justice Department Will Not Oppose American Trucking Associations’ Proposal
On August 10, the DOJ announced that it would not oppose a proposal by the American Trucking Associations Inc. (ATA) to develop and publicize model agreements for motor carriers and freight transportation brokers. The DOJ said the model agreements are not likely to be anticompetitive.
Continue reading "Justice Department Will Not Oppose American Trucking Associations’ Proposal" »
Bookmark:
August 10, 2006
DIRECTV Telemarketers Pay $75,000 Penalty for Do Not Call Violations
The Federal Trade Commission (“FTC”) announced on August 10 that it entered into a court settlement with Nomrah Records, Inc. and its president, Mark Harmon – named defendants in the recent DIRECTV telemarketing case. Under the settlement, filed by the U.S. Department of Justice on the FTC’s behalf, Harmon will pay a $75,000 civil penalty and both he and the company will be barred from violating the Do Not Call (“DNC”) Rule and Telemarketing Sales Rule (“TSR”) in the future.
Continue reading "DIRECTV Telemarketers Pay $75,000 Penalty for Do Not Call Violations" »
Bookmark:
August 10, 2006
China Issues Rules on Foreign Investment Via Share Swaps
On August 10, the Chinese government issued rules outlining the conditions for foreign investment in local companies through share swaps, paving the way for such transactions in merger and acquisition deals. The regulations also cover the entry of foreign investors in local companies through mergers and acquisitions.
Continue reading "China Issues Rules on Foreign Investment Via Share Swaps" »
Bookmark:
August 9, 2006
Repeat Offenders Banned From Claiming Products Treat or Cure Diseases
An operation selling Chinese herbal supplements was banned on August 9 from claiming its products treated or cured diseases, to settle Federal Trade Commission (“FTC”) charges it violated a previous court order. The FTC alleged the sellers of Dia-Cope, a pill claimed to prevent, treat, and cure diabetes, violated the order by misrepresenting the health benefits of their product and misrepresenting that clinical trials proved their claims. The defendants will also give up their ill-gotten gains – all of the assets they received from the sale of Dia-Cope.
Continue reading "Repeat Offenders Banned From Claiming Products Treat or Cure Diseases" »
Bookmark:
August 8, 2006
Justice Department Will Not Oppose Proposal to Form Textile Rental and Laundry Services Joint Venture
On August 8, the DOJ announced it would not oppose a proposal which would allow 10 textile maintenance companies to bid jointly to provide textile rental and laundry services to national healthcare outpatient centers. Based on representations made in the proposal by Linen Systems for Healthcare LLC, the DOJ concluded that the proposed joint venture is not likely to produce anticompetitive effects and could create a new competitor for national accounts.
Bookmark:
August 8, 2006
FCC’s Robert McDowell Addresses a Number of Issues Important to the Cable Industry
Newly appointed FCC member Robert McDowell supports agency involvement to ensure that phone companies can enter local cable-TV markets without having to overcome a lot of red tape. On August 8, during his first meeting with reporters at FCC headquarters, McDowell said “I do think we can do a lot to help speed the deployment of video penetration and marry it up with that broadband penetration by clearing some of that regulatory underbrush.”
Bookmark:
August 7, 2006
FCC Reiterates Ruling in Adelphia/Time Warner/Comcast Deal
On August 7, the FCC reaffirmed its ruling that Time Warner Cable (“Time Warner”) had to carry the NFL Network for 30 days on systems just acquired from Comcast and Adelphia Communications. On August 4, Time Warner threatened to take the FCC to court if the agency did not back down and allow it to drop NFL Network. Following the release of the FCC’s second decision, Time Warner did not commit to a court fight over the need to provide consumers a 30-day notice before deleting a channel. “Time Warner Cable continues to believe that the FCC has misconstrued the notice rules and has ordered a remedy that is in clear violation of the First Amendment. The FCC's action has resulted in exacerbating, not avoiding, consumer confusion,” Time Warner spokesman Mark Harrad said.
Continue reading "FCC Reiterates Ruling in Adelphia/Time Warner/Comcast Deal" »
Bookmark:
August 7, 2006
FTC/Federal Reserve Board Issue Joint Report on FCRA’s Consumer Dispute Provisions
The FTC and the Federal Reserve Board on August 7 issued a joint report to Congress on compliance with the consumer dispute provisions of the Fair Credit Reporting Act (“FCRA”). The Fair and Accurate Credit Transactions Act of 2003 (“FACT Act”), which generally amends the FCRA, required the FTC and the Board to conduct a study of the extent to which consumer reporting agencies and furnishers of information to consumer reporting agencies (“CRAs”) complied with certain FCRA requirements.
Bookmark:
August 6, 2006
FTC Alleges Illegal Internet Sales of Contact Lenses
A company and its owner selling contact lenses directly to consumers via three Web sites are settling Federal Trade Commission (“Commission” or “FTC”) charges they violated federal law by failing to verify consumers’ prescriptions as required by the Commission’s Contact Lens Rule. They will pay $40,000 in civil penalties and will be prohibited from violating the Rule in the future.
Continue reading "FTC Alleges Illegal Internet Sales of Contact Lenses" »
Bookmark:
August 2, 2006
FTC Finds Rambus Unlawfully Obtained Monopoly Power
By a unanimous vote, the Federal Trade Commission (“Commission” or “FTC”) determined on August 2 that computer technology developer Rambus, Inc. unlawfully monopolized the markets for four computer memory technologies incorporated into industry standards for dynamic random access memory (“DRAM”) chips. DRAMs are widely used in personal computers, servers, printers, and cameras.
Continue reading "FTC Finds Rambus Unlawfully Obtained Monopoly Power" »
Bookmark:
August 1, 2006
FTC Testifies on Barriers to the Entry of Generic Drugs
Testifying on behalf of the Federal Trade Commission (“FTC”) before the U.S. Senate’s Special Committee on Aging, Commissioner Jon Leibowitz described the FTC’s work in the area of branded and generic pharmaceutical competition and discussed barriers that can lead to the delay of generic entry into the U.S. marketplace.
Continue reading "FTC Testifies on Barriers to the Entry of Generic Drugs" »
Bookmark:
July 31, 2006
FTC Advises “Save This Date”
The Federal Trade Commission will host three days of public hearings to examine how evolving technology will shape and change the habits, opportunities and challenges of consumers and businesses in the coming decade. The event will bring together experts from business, government and technology sectors, consumer advocates, academicians, and law enforcement officials to examine emerging technologies and to explore technologies that are currently evolving.
Continue reading "FTC Advises “Save This Date”" »
Bookmark:
July 31, 2006
FTC Stops Family and Companies Selling Illegal Business Opportunity
On July 31, the U.S. District Court for the Northern District of Georgia barred a purported former preacher, his two sons, and his companies from selling a healthcare business opportunity promising consumers millions of dollars if they participated in an alleged network of Medicaid providers. In fact, according to the Federal Trade Commission (“FTC”) complaint, the defendants’ business model required participants to break numerous state and federal laws.
Continue reading "FTC Stops Family and Companies Selling Illegal Business Opportunity" »
Bookmark:
July 28, 2006
FCC to Release Bidder Interests and Identities for Auction No. 66
On July 28, the FCC issued a public notice in which its Wireless Telecommunications Bureau (“Bureau”) identifies 168 applicants found to be qualified to bid in the upcoming auction of Advanced Wireless Services licenses in the 1710-1755 MHz and 2110-2155 MHz bands (“AWS-1”) (Auction No. 66). Bidding in Auction No. 66 is scheduled to begin on Wednesday, August 9, 2006.
Continue reading "FCC to Release Bidder Interests and Identities for Auction No. 66" »
Bookmark:
July 26, 2006
Canadians Selling Bogus Credit Card Protection and Healthcare Discount Plans Settle FTC Charges
Canadian telemarketers settled Federal Trade Commission (“FTC”) charges on July 26 that they fraudulently marketed and sold credit card loss protection and healthcare discount plans to U.S. consumers in violation of federal law. Their telemarketing boiler rooms were shut down, and they will pay $200,000 in consumer redress as part of the settlement.
Bookmark:
July 25, 2006
FTC Testifies on Competition in the Real Estate Brokerage Industry
On July 25, the Federal Trade Commission (“FTC” or “Commission”) told the Subcommittee on Housing and Community Opportunity of the House Financial Services Committee that changes in the real estate industry, which increasingly incorporate the Internet into their business models, give consumers “the choice to save potentially thousands of dollars in commissions in exchange for taking on more work.” Maureen Ohlhausen, Director of the FTC’s Office of Policy Planning told the Committee that the Commission has a long history of preventing unfair methods of competition and ensuring that real estate markets remain competitive.
Continue reading "FTC Testifies on Competition in the Real Estate Brokerage Industry" »
Bookmark:
July 18, 2006
House of Lords Overturns Landmark Inntrepreneur v Crehan case
On July 18, Britain’s House of Lords overturned the Court of Appeal’s decision in Inntrepreneur Pub Company and others v Crehan, the first case in which a UK court awarded damages for harm suffered as a result of a competition law infringement. As a result, there is now no longer any UK law precedent in which damages for loss suffered as a result of an infringement of competition law have been awarded.
Continue reading "House of Lords Overturns Landmark Inntrepreneur v Crehan case" »
Bookmark:
July 18, 2006
The European Commission Proposes to Modernize the Single Market for Aviation
On July 18, Jacques Barrot, the European Commission’s (“Commission” or “EC”) Vice-President in charge of transport, announced the Commission’s intention to improve legislation in relation to the single market for aviation. While the Commission believes that the liberalization of the airline industry brought considerable benefits to consumers, such as reduced air fares, increased routes and greater access to remote regions, it notes that there is room to improve price transparency and the consistent application of legislation.
Continue reading "The European Commission Proposes to Modernize the Single Market for Aviation" »
Bookmark:
July 17, 2006
Brussels Finds Barriers to Retail Banking Competition
On July 17, the Commission published its second Interim Report in relation to the retail banking part of its sectoral inquiry into the financial services sector in the Community. The first Interim Report dealt with the payment cards and the second Report covers Current Accounts and Related Services.
Continue reading "Brussels Finds Barriers to Retail Banking Competition" »
Bookmark:
July 14, 2006
Competitors, Regulators, and Law Enforcement Officials Seek Halt Sale of Verizon’s Puerto Rico Telecom Assets
Also on July 14, several parties asked the FCC to deny license transfers related to the proposed sale of Verizon Communications, Inc.'s (“Verizon”) Puerto Rico telecom assets – including the incumbent local exchange carrier and its second largest wireless service operator – to America Movil S.A. de C.V. (“American Movil”). Competitors are concerned that the new operators will block the development of competition, regulators in Puerto Rico are dubious of the proposed deal's public-interest claims, and law enforcement officials want more time to examine national security and other questions.
Bookmark:
June 19, 2006
DOJ WIll Not Challange Fair Factories Clearinghouse
On June 19, the DOJ announced that it will not challenge a proposal by the Fair Factories Clearinghouse (“FFC”) to operate a database that member companies can use to collect and voluntarily share information about workplace conditions in manufacturing facilities around the globe. The DOJ's position was stated in a business review letter from Thomas O. Barnett, Assistant Attorney General in charge of the Department's Antitrust Division, to counsel for the FFC and World Monitors Incorporated.
Continue reading "DOJ WIll Not Challange Fair Factories Clearinghouse" »
Bookmark:
May 23, 2006
Korean Antitrust Authorities Reject Microsoft Objection
On May 23, the South Korean Fair Trade Commission ("KFTC") rejected an objection lodged by Microsoft in March over a ruling that the company should unbundle its media player and messaging service from Windows software, echoing a similar decision made by the European Commission in 2004 that it unbundled its media player and messaging program in its European software packages. In December 2005, the KFTC fined Microsoft approximately $34.3 million, the largest fine ever imposed on a foreign firm.
Continue reading "Korean Antitrust Authorities Reject Microsoft Objection" »
Bookmark:
May 22, 2006
FCC Chairman Pushes for Review of Adelphia Carve-Up
On May 22, it was reported that FCC Chairman Kevin Martin is putting pressure on senior agency staff to complete their review of the $17.6 billion carve-up of Adelphia Communications Corp. (“Adelphia”) by Comcast Corp. (“Comcast”) and Time Warner Inc. (“Time Warner”). According to sources close to the agency, Martin hopes to receive a draft of an order clearing the transaction, with some conditions, before the end of May. If Martin signs off, that order would then be distributed to the four other FCC commissioners. Martin expects his colleagues would approve the deal a few weeks later.
Continue reading "FCC Chairman Pushes for Review of Adelphia Carve-Up" »
Bookmark:
May 17, 2006
Japanese Competition Authority Raids Contractors over Bid Rigging
On May 16 and May 17, the Japanese Fair Trade Commission (FTC) raided approximately 20 contractors over bid-rigging allegations in projects ordered by the Japanese Defense Facilities Administration Agency as well as engineering and construction works at a U.S. military facility in Iwakuni, Yamaguchi Prefecture in conspiracy with officials of the Defense Facilities Administration Agency.
Continue reading "Japanese Competition Authority Raids Contractors over Bid Rigging" »
Bookmark:
May 16, 2006
European Antitrust Authorities Raid Gas Companies
On May 16, the European Commission raided 20 gas companies across five countries following suspicions that the targeted firms restricted “access to pipeline and storage facilities” and engaged in certain “concerted practices between incumbents that can be described as market-sharing,” according to an EC spokesperson. Among the companies raided were Germany’s RWF, France’s Gaz de France, Austria’s OMV, and Belgium’s Fluxys. Companies in Italy were also raided.
Continue reading "European Antitrust Authorities Raid Gas Companies" »
Bookmark:
May 15, 2006
David Meyer Appointed Deput Assistant Attorney General General
On May 15, the DOJ announced that David L. Meyer has been appointed to serve as the Deputy Assistant Attorney General in charge of civil enforcement for the Division. Meyer will oversee three of the Division's civil sections. Previously, Meyer served the Antitrust Division as Special Assistant to Assistant Attorney General Charles F. Rule from 1987 to 1989. Meyer clerked for Judge Ralph K. Winter of the U.S. Court of Appeals for the Second Circuit from 1986 to 1987.