Youth Hockey League’s Exclusive Participation Rule Could Be Anticompetitive

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. A for-profit youth hockey program adequately alleged monopolization and attempted monopolization claims against a local district of USA Hockey, the national governing board for amateur hockey, the federal district court in Minneapolis has ruled. The complaining youth program challenged the local district’s […]

Monopoly Claims Were Adequately Alleged Against Diaper Maker Kimberly-Clark

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Last week, the federal district court in Harrisburg, Pennsylvania, refused to dismiss monopoly claims against Kimberly-Clark brought by competitor First Quality Baby Products, LLC. First Quality—a manufacturer of “private label” or store-brand diapers and training pants—adequately alleged that Kimberly-Clark used its more […]

Whirlpool Not Enjoined From Advertising “Steam Dryers”

This posting was written by Jody Coultas, Editor of CCH State Unfair Trade Practices Law. LG Electronics U.S.A., Inc. was denied injunctive relief against Whirlpool Corporation in an Illinois Consumer Fraud and Deceptive Business Practices Act (CPA) and Uniform Deceptive Trade Practices Act (DTPA) claim alleging Whirlpool’s advertisements of “steam dryers” were false and misleading. […]

Gasoline Station Franchisor’s Market Withdrawal Did Not Violate PMPA

This posting was written by Pete Reap, Editor of CCH Business Franchise Guide. A gasoline station franchisor did not violate the Petroleum Marketing Practices Act (PMPA) in connection with its withdrawal from the Puerto Rico market because its successor did not fail to comply with the PMPA’s requirement to offer franchises to the franchisees of […]

NCAA Has No Comment for Justice Department Probe of Football Championship Series

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Earlier this month, U.S. Attorney General Eric Holder confirmed at a Senate Judiciary Committee oversight hearing that the Department of Justice was looking into college football’s Bowl Championship Series (BCS) system. In response to questioning from Sen. Orrin Hatch (R-Utah) at the […]

Justice Department Sues to Block Acquisition of Payment Terminal Seller

This posting was written by Darius Sturmer, Editor of CCH Trade Regulation Reporter. The Department of Justice Antitrust Division filed a civil antitrust lawsuit in Washington, D.C. on May 12 to block point-of-sale (POS) terminal seller VeriFone Systems Incorporated’s proposed $485 million acquisition of Hypercom Corporation, a competitor. The Antitrust Division said that the proposed […]

Constitutional Attack on False Patent Marking Enforcement Rejected

This posting was written by William Zale, Editor of CCH Advertising Law Guide. The qui tam enforcement provision of the false patent marking statute was constitutional, contrary to a pharmaceutical manufacturer’s contention that it violated the Take Care Clause of the U.S. Constitution, the federal district court in Chicago has ruled. The statute (1) made […]

Price Fixing Claims Against Transpacific Air Carriers Dismissed

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Although a federal district court in San Francisco has determined that a conspiracy to fix the prices of transpacific air passenger travel was plausibly alleged, a motion to dismiss the Sherman Act claims based on the Foreign Trade Antitrust Improvements Act (FTAIA) […]

Novell Can Proceed with Antitrust Claim Against Microsoft

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. Novell, Inc. did not assign to a third party an antitrust claim based on alleged harm to office-productivity applications resulting from Microsoft Corporation’s alleged anticompetitive conduct, the U.S. Court of Appeals in Richmond, Virginia, has ruled. The court reversed summary judgment in […]

U.S. Approves Unilever, Alberto-Culver Combination, with Divestitures

This posting was written by Jeffrey May, Editor of CCH Trade Regulation Reporter. To resolve U.S. antitrust concerns over its proposed $3.7 billion acquisition of Alberto-Culver Co., Unilever N.V. has agreed to divestures intended to preserve competition for value shampoo, value conditioner, and hairspray sold in retail stores. The Department of Justice Antitrust Division filed […]