FTC: Watch articles from April 2000

FTC: Watch archives from April 2000

Microsoft - the decision.
April 10, 2000... Having decided that "Microsoft placed an oppressive thumb on the scale of competitive fortune, thereby effectively guaranteeing its continued dominance in the relevant market," U.S. District Judge Thomas Penfeld Jackson proceeded in his April 3...

Judge Jackson strikes another blow at the Microsoft monopoly.
April 10, 2000... Judge Thomas Penfield Jackson continues to be consistent, lie has seen Microsoft as having one of the great monopolies of our post-industrial age - a monopoly that Bill Gates & Co. have maintained by a variety of strategies and tactics not...

Political interference and the Microsoft case.
April 10, 2000... Historically, the federal antitrust effort has been remarkably free of political interference or other corruption in specific cases. Maintaining this record, envied by the world, requires vigilance. Today, in the aftermath of Judge Jackson's...

Microsoft: some additional thoughts.(Brief Article)
April 10, 2000... "People who disagree with the Justice Dept.'s action against Microsoft ought to be pleased that the... settlement talks have collapsed.... The outcome will help answer the question of whether our antitrust laws are obsolete.... Barring a...

FTC enforcers believe B2B auctions are similar to JVs.
April 10, 2000... Business to business ("B2B") web auctions will get the same scrutiny that antitrust enforcers would give to joint ventures, FTC Policy and Evaluation Office Assistant Director David Balto told a packed audience at the ABA Antitrust Section...

DOJ, FTC adopt HSR reforms, continue to work on others.(Department of Justice, Federal Trade Commission adopt Hart-Scott-Rodino legislation)(Brief Article)
April 10, 2000... Counsel for companies trying to merge will be able to take "second request" disputes they can't work out with the antitrust agencies' staff to a higher power, under Hart-Scott-Rodino (HSR) second request appeal process improvements announced...

New HSR interpretation of mixed banking transactions.(Hart-Scott-Rodino (HSR) Act )(Brief Article)
April 10, 2000... Non-banking portions of "mixed" transactions that may occur under the recently enacted Gramm-Leach-Bliley Act are now subject to Hart-Scott-Rodino (HSR) Act premerger notification under a new Formal Interpretation. "Thus, in acquisitions...

House considering 6 fuel price bills -- FTC Competition Chief tells Congress: going after OPEC problematic.(Federal Trade Commission)
April 10, 2000... "One just has to look at OPEC to see where the U.S. would be without antitrust laws," opined House Judiciary Committee Chair Henry J. Hyde (R-Ill.) at 'Solutions to Competitive Problems in the Oil Industry: Part 1' House hearings on March 29....

Blumenthal skeptical about use of R-P to combat oil industry price discrimination.(Connecticut Attorney General Richard Blumenthal)(Brief Article)
April 10, 2000... "Zone pricing is invisible and insidious." -- Connecticut Attorney General Richard Blumenthal Zone pricing by major oil companies distorts the free market and is only possible because of restrictive contracts that include sole source...

Leary on counseling business: accentuate the positive.(Thomas Leary United of the Federal Trade Commission)(Brief Article)
April 10, 2000... "I am not prepared to give a bottom line decision on whether the Microsoft case has been rightly decided," said FTC Commissioner Thomas Leary at an Antitrust Section Spring Meeting session on cutting edge Sherman Act Section II Issues. But,...

Consumer advocate says JV guidelines, HHI understate market concentration.(Brief Article)
April 10, 2000... The Justice Dept. and FTC horizontal merger guidelines focus on market share metrics that understate market concentration, testified Consumer advocate and antitrust economist James Love at the Judiciary House Hearings 'Solutions to Competitive...

FTC invites feedback on surveys to measure media violence.(Federal Trade Commission)(Brief Article)
April 10, 2000... The Commission wants to hear from interested parties about its proposed consumer surveys for compiling information on whether and how violent entertainment is marketed to children. These surveys differ from the information requests sent to...

FTC seeks comment on Esprit de Corp's Care Labeling Rule exemption request.(Federal Trade Commission)(Brief Article)
April 10, 2000... Esprit de Corp has petitioned the Commission for exemption from being required to attach permanent care labels to three specific styles of apron camisoles as required by the Care Labeling Rule -- under a Rule provision that allows that...

FTC, DOC extend time for dispute resolution comments.(Federal Trade Commission and the Department of Commerce)(Brief Article)
April 10, 2000... The public comment deadline for the joint FTC/ Commerce Dept public workshop on alternative dispute resolution for online consumer transactions [FTC:WATCH No. 538, February 14] was extended to April 19. The workshop will be held in the...

Furniture Guides up for review.(Brief Article)
April 10, 2000... The Guides for the Household Furniture Industry are up for review as part of the FTC's systematic review of all current Commission guides and regulations. The Guides advise advertisers making representations concerning tests made on...

Economists say rent-to-own customers are doing OK.(report by the Federal Trade Commission)(Brief Article)
April 10, 2000... Rent-to-own (RTO) customers are doing quite well, according to an FTC Economic Bureau Staff Report based on a nationwide survey of 12,000 randomly selected U.S. households that identified 532 RTO customers who were asked about their experiences...

DOJ attacks dairy merger to prevent butter duopoly in NY, Philadelphia.(Department of Justice moves to stop merger between Dairy Farmers of America and SODIAAL North America)(Brief Article)
April 10, 2000... Fearing that a merger between Dairy Farmers of America and SODIAAL North America would result in a virtual duopoly in the markets for branded butter in New York City and Philadelphia, the Justice Department raced into federal court the day the...

Hearst Corp. will sell SF Examiner to resolve Chronicle deal concerns.(Brief Article)
April 10, 2000... The Hearst Corporation has agreed to sell its San Francisco Examiner to ExIn LLC, paving the way to a hassle-free acquisition of the San Francisco Chronicle. ExIn plans to continue publishing the Examiner as a daily newspaper, and the citizens...

Scrap metal dealer to plead guilty, pay $850K fine.(Bay Metal Inc., guilty of conspiracy)(Brief Article)
April 10, 2000... Bay Metal Inc., a Richfield Ohio, industrial scrap metal dealer will plead guilty and cough up an $850,000 criminal fine for its part in a conspiracy to allocate suppliers of solid ferrous and nonferrous scrap and to rig bids for the right to...

Firms to wed gas gathering/processing assets, Duke to divest 3000 pipeline miles.(Duke Energy Corporation merging with Phillips Petroleum Company)(Brief Article)
April 10, 2000... Duke Energy Corporation (Duke) will divest 2780 miles of gas pipelines in Kansas, Oklahoma, and Texas -- to get the FTC green light for its proposed: (a) $6 billion merger with Phillips Petroleum Company's (Phillips); and (b) acquisition of gas...

Two firms settle performance claim charges Dura Lube to pay $2 Million redress.(Dura Lube and Motor Up charged with false advertising)(Brief Article)
April 10, 2000... Dura Lube and Motor Up, and their principals agreed to not make false and unsubstantiated claims about the wonders of engine oil additives in order to settle FTC charges that performance claims for their engine treatment products were deceptive...

FTC/DOJ/HUD join to combat abusive lending practices.(Federal Trade Commission, Justice Department and the Housing and Urban Development Department in a joint charge against Delta Funding Corp.)(Brief Article)
April 10, 2000... A national subprime mortgage lender, Delta Funding Corporation settled joint charges brought by the FTC, Justice Dept. and the Housing and Urban Development Dept. (HUD) Secretary that it violated both consumer protection and fair lending...

Ceridian consent order modified, issued.(Brief Article)
April 10, 2000... The FTC has modified a consent order with the largest U.S. provider of commercial credit cards or 'trucking fleet-cards' -- Ceridian Corp. and its subsidiary Comdata Holdings Corp. -- that resolved concerns around Ceridian's acquisitions of NTS...

Calendar.(Federal Trade Commission)
April 10, 2000... April 12 - FTC Commissioner Thomas B. Leary will be the dinner speaker at the Spring Meeting of the General Counsel's Committee of the American Forest & Paper Association, Washington - Commissioner arson Swindle will discuss "Capitalizing...

Who are who at the FTC.(Federal Trade Commission)
April 10, 2000... Who are who at the FTC Directory of attorneys and economists by organizational unit Office of the Chairman (202) Chairman Pitofsky, Robert 326-2100 Executive Assistant Hamill Jr, James C. ...

Grocery "slotting fees": FTC continues McCormick investigation, Manufacturers petition for guidelines.(McCormick and Co.)
April 24, 2000... The Independent Bakers Association, the Tortilla Industry Association and the National Association of Chewing Gum Manufacturers want the FTC to "clarify the legality of slotting fees arrangements in clear but flexible 'slotting allowance'...

Microsoft decision dominates House antitrust agencies oversight hearing.(Brief Article)
April 24, 2000... Although the April 12 House Judiciary Committee oversight hearing on the antitrust enforcement agencies was scheduled months ago and was not related to any recent event or set up to criticize the agencies, said Chairman Henry Hyde (R-Ill.),...

Second request appeals process update.(Brief Article)
April 24, 2000... The Justice Dept. official to whom unhappy parties can take their second request modification issues is Antitrust Division Legal Policy section Chief Robert A. Potter. As reported in issue 542, FTC General Counsel Debra Valentine is the senior...

FTC says funeral industry self-reg program helping Funeral Rule enforcement.(Brief Article)
April 24, 2000... A funeral industry self regulation program -- the Funeral Rule Offenders Program (FROP) -- has "enabled the Commission to achieve better compliance with the Funeral Rule while expending fewer resources," testified FTC Competition Bureau...

COPPA rule effective April 21, BBB's CARU seeks safe harbor.(Children's Online Privacy Protection Act)(Better Business Bureau's Children's Advertising Review Unit)(Brief Article)
April 24, 2000... The FTC Rule to enact the Children's Online Privacy Protection Act (COPPA) became effective on April 21 -- requiring commercial Websites to obtain parental permission before collecting online information from kids under 13 years. The Rule...

FTC staff advice to FDA on proposed trans fatty acids rule.(Brief Article)
April 24, 2000... The U.S. Food and Drug Administration's proposed rule governing trans fatty acid claims should require a separate line on nutritional facts labels for trans fat information, FTC Economics Bureau and Consumer Protection Bureau staff have advised...

FTC staff advice to Arkansas on electricity market analysis.(Brief Article)
April 24, 2000... Analysis and remedy of existing market power are important when introducing electricity retail competition, FTC Economics Bureau and Competition and Policy Planning Office staff advised the Arkansas Public Service Commission (APSC) in regards...

FTC advisory opinion clarifies Fair Debt Collection Act.(Brief Article)
April 24, 2000... The FTC has responded to questions posed by for the American Collectors Association in its first advisory opinion regarding certain provisions of the Fair Debt Collection Practices Act. Does the FDCPA permit collection agencies to demand...

Internet surf finds sites making dubious lice treatment claims.(Brief Article)
April 24, 2000... FTC Enforcement Division and Western Regional Office staff found questionable head lice treatment claims in a "surf' of 28 Internet sites advertising head lice treatment products. Sites making claims such as lice treatment products "being...

Apparel industry plan for workplace code of conduct cleared by DOJ.(Brief Article)
April 24, 2000... The Apparel Industry Partnership (AIP) is free to establish a voluntary Workplace Code of Conduct and associated Monitoring Principles regarding "sweatshop" working conditions in apparel and footwear manufacturing, without fear of antitrust...

Alleged brush clearing conspiracy busted.(Best Tree Service)(Brief Article)
April 24, 2000... Best Tree Service has been named in a criminal information charging that the Ephrata, Washington company had conspired to defraud the U.S. Energy Department's Bonneville Power Administration (BPA) through bids for brush clearing services in and...

1999 Digest of Business Reviews available.(Brief Article)
April 24, 2000... Help is here. A comprehensive and valuable resource, the Antitrust Division's "Digest of Business Reviews" now contains the 1999 annual supplement and revised indexes. The Digest, first published in 1983 to cover reviews starting in 1968,...

International cartels -- a "ringside seat".(Brief Article)
April 24, 2000... When Deputy Assistant Attorney General James M. Griffin chose a title for his April 6 speech on international cartels before the ABA Antitrust Spring Meeting, there was no contest. "An Inside Look At A Cartel At Work: Common Characteristics of...

An Agenda for Antitrust in the 21st Century A American Antitrust Institute Conference.(Brief Article)
April 24, 2000... Thursday, June 15, 2000 National Press Club Washington, DC Keynote Address by FTC Chairman Robert Pitofsky and the presentation of the AAI Antitrust Achievement Award to Assistant Attorney General Joel Klein. Topics will...

The Efficiency and market power of "e-tailers"- a new look.
April 24, 2000... Two sessions at the 2,000 ABA, Section of Antitrust Law, Spring Meeting dealt with commerce on the Internet. In both sessions a presenter noted that historically whenever a new retailing format with lower prices to consumers entered the fray,...

Merger Watch.(Brief Article)
April 24, 2000... Merger Watch: Air Liquide' and Air Products' joint bid for 100% of BOC has encountered major difficulties at the FTC and likely will be challenged in federal court. It is understood that the transaction could be salvaged with divestitures that...

WWW investigations.(GeoCities)(Brief Article)
April 24, 2000... WWW investigations: Internet portal Yahoo! Inc. says in its latest annual report that it is under investigation by the FTC for possible violations of some users' privacy. The firm notes it recently acquired GeoCities, a firm "required to comply...

Travel agents feud with airlines.(American Society of Travel Agents)(Brief Article)
April 24, 2000... Travel agents feud with airlines: In 1996, the American Society of Travel Agents (ASTA) asked the FTC to undertake a rulemaking to define the phrase "travel agent." ASTA asserted in a petition that travel agents who were not really travel...

Honolulu newspapers remain independent.(Gannett Pacific Corp.)(Brief Article)
April 24, 2000... Honolulu newspapers remain independent: According to the Associated Press, an attempt by one party to a newspaper joint operating agreement in Hawaii to acquire and close the other party has been stymied by a state antitrust suit. Gannett...

Summer reading.(Brief Article)
April 24, 2000... Summer reading: The FTC remains optimistic that it will produce an Internet privacy report before the end of May and a violence-in-media report later in the summer. Indications are that the entertainment industry has been cooperating in...

Health care (I).(National Association of Dental Plans)(Brief Article)
April 24, 2000... Health care (I): The National Association of Dental Plans says that enactment of HR 1304, the Quality Health-Care Coalition Act of 1999, with its antitrust exemptions for "dentists, physicians and other providers will result in a decline in...

Health care (II).(Internet pharmacies)(Brief Article)
April 24, 2000... Health care (II): House Commerce Committee Chairman Thomas Bliley (R-Va.) has asked the FTC to brief Committee staff on the agency's investigations of Internet pharmacies. Specifically, Bliley asked FTC Chairman Robert Pitofsky to send staff...

Intel.(Brief Article)
April 24, 2000... Intel: The FTC said when it announced a settlement with Intel Corp. in March, 1999 that the agreement did not treat all of the FTC's concerns, only the specific allegations that Intel had bullied Intergraph Corp., Digital Equipment Corp. and...

Maintaining the Microsoft monopoly.(Brief Article)
April 24, 2000... Maintaining the Microsoft monopoly: As previously reported, the U.S. Postal Service will let customers buy postage from its Internet page and print it on their own printers. Provided, of course, that the customers are using Microsoft...

Now this ...(Internal Revenue Service)(Brief Article)
April 24, 2000... Now this... According to the Associated Press, the Internal Revenue Service "Members of Congress and their staffs owe about $10.5 million in taxes, one of the highest rates of delinquency in the federal government." The delinquency rate for...

Corrections.(Brief Article)
April 24, 2000... The directory of FTC lawyers and economists in No. 542 is, um, less than perfect. To wit: Michael Bloom is no longer the director of the FTC's Northeast Regional Office in New York City. The job belongs to Barbara Anthony. Wait! It gets worse:...

BP Amoco - ARCO settlement produces an Alaska North Slope "clean sweep".(Brief Article)
April 24, 2000... When BP Amoco first announced that it intended to buy the Atlantic Richfield Co., the conventional wisdom was the deal faced few if any antitrust problems because "crude oil is a global market." The FTC unanimously disagrees with that...

Texas surgeons settle price-fixing charges.(Brief Article)
April 24, 2000... An independent practice association and six competing general surgery practice groups that account for most of the general surgeons in Austin, Texas will refrain from negotiating collectively with health plans unless supervised by the Texas...

Government seeks civil contempt ruling against Alpine Industries.(Brief Article)
April 24, 2000... The FTC and Justice Dept. filed a motion in Federal Court on April 11 to hold Alpine Industries, its two individual principles and a related company, EcoQuest International in civil contempt of a January Federal Court order that required them...

FTC says company misrepresented federal job opportunities.(Brief Article)
April 24, 2000... A federal district court issued a Temporary Restraining Order against Federal Data Service, Inc. (FDS) and its principals, Stephen Tate and Spencer Golden-- following FTC charges that they falsely claimed that U.S. Post and federal wildlife...

FTC halts alleged pyramid scheme.(USAsurance Group/Akahi)(Brief Article)
April 24, 2000... A U. S. District Court Judge halted the alleged pyramid scheme operations of 2Xtreme and USAsurance Group/Akahi and froze their assets pending trial, at the FTC's request. The agency asked the court to order consumer redress. 2Xtreme...

Companies settle office supply allegations.(Brief Article)
April 24, 2000... Ultra Ribbon or Allstate Imaging and their principals will fork out $500,000 and provide redress to all businesses that complained about them to a Better Business Bureau or a government agency since 1996 -- to settle FTC charges that they sent...

Calendar.(Brief Article)
April 24, 2000... April 2 7 - Assistant Attorney General Joel I. Klein will be the luncheon speaker and Deputy Assistant Attorney General A. Douglas Melamed will discuss "Pricing as Exclusionary Conduct" at a Charles River Associates conference, "Economics...

Eric London.(journalist)(Brief Article)
April 24, 2000... Eric London joined the FTC as director of public affairs on April 24, coming from the position of deputy director of communications for House Minority Leader Richard Gephardt (D-Mo.).

Bush Administration Assistant Attorney General for Antitrust James F. Rill.(Brief Article)
April 24, 2000... Bush Administration Assistant Attorney General for Antitrust James F. Rill and 27 antitrust attorneys have joined Howrey, Simon, Arnold & White, moving on from what is now known as Collier, Shannon and Scott.

The Mogin Law Firm's Dan Mogin.(American Antitrust Institute)(Brief Article)
April 24, 2000... The Mogin Law Firm's Dan Mogin has joined the American Antitrust Institute's advisory board. The San Diego firm specializes in antitrust, unfair competition and consumer protection litigation, including class actions and international matters.

Special Counsel to the President for Civil Rights Eddie Correia.(Latham and Watkins)(Brief Article)
April 24, 2000... Special Counsel to the President for Civil Rights Eddie Correia has joined the D.C. office of Latham & Watkins as Of Counsel. Correia previously served as senior attorney advisor to Chairman/Commissioner Michael Pertschuk, as scholar in...

Karen Dodge.(Brief Article)
April 24, 2000... Karen Dodge, an attorney in the FTC's Midwest Regional Office, gave birth to Matthew Thomas Dodge on March 21, 2000. Matthew joins siblings Kristie, Lauren, and Casey.