FTC: Watch articles from December 2000

FTC: Watch archives from December 2000

Waiting for Bush.(William J. Tauzin's proposed FTC legislation)(Brief Article)
December 18, 2000... Hardly had five members of the U.S. Supreme Court in effect awarded the presidency to George W. Bush citing the equal protection clause in the Constitution than jockeying to influence federal competition policy began. Among the first...

Commerce, Justice appropriations bill goes to White House with HSR changes.(Brief Article)
December 18, 2000... Late Friday evening, with the end of the 2000 perpetual election in sight, the Senate leadership finally moved to send a "rapid package" of the outstanding appropriations bills to President Clinton to sign -- including the fiscal year 2001...

Court blocks tobacco merger.(Swedish Match AB acquisition of National Tobacco Company L.P.)(Brief Article)(Statistical Data Included)
December 18, 2000... On December 14, U.S. District Judge Thomas F. Hogan granted an FTC motion for a preliminary injunction preventing Swedish Match from completing its acquisition of National Tobacco Company, L.P.'s smokeless tobacco brands and other assets...

FTC scrutinizes SmithKline's anti-anxiety drug patents.(Apotex Corp. challenges Paxil drug patent)(Brief Article)
December 18, 2000... The FTC is investigating whether Britain's SmithKline Beecham employed anticompetitive business methods to prevent or delay generic versions of SmithKline's anxiety drug paxil entering the market, FTC sources have confirmed. A SmithKline...

Boast on IP antitrust considerations.(Molly S. Boast)(Brief Article)
December 18, 2000... "We can't put the genie [the FTC's interest in examining incentives to innovate as an area of keen antitrust scrutiny] back in the bottle," FTC Competition Bureau Senior Deputy Director Molly S. Boast told a December 7 American Corporate...

Antitrust enforcers: monitoring helpful for fluid B2Bs.(business to business antitrust monitoring)(Brief Article)
December 18, 2000... Make sure that antitrust monitoring devices are insitu for business to business (B2B) exchanges because B2Bs are fluid and likely to change structurally and operationally, FTC Competition Bureau Senior Deputy Director Molly Boast and Antitrust...

Privacy: Shelby asks FTC to investigate consumer data exchange; staff weigh in.(Senator Richard Shelby)
December 18, 2000... Sen. Richard C. Shelby (R-Ala.) has asked FTC Chairman Robert Pitofsky to investigate the consumer privacy implications of the IBM-backed, XML-based "Customer Profile Exchange Standard," a private sector initiative to develop a uniform system...

FTC wireless workshop: experts examine privacy, security & advertising.(mobile wireless technologies)(Brief Article)
December 18, 2000... The main subjects of concern as mobile wireless technologies move forward are privacy, security and the form that advertising will take FTC Commissioner Mozelle Thompson told an FTC Wireless Workshop via videotape last week. Thompson was in...

Commission revises Rules of Practice.(Brief Article)
December 18, 2000... The Commission voted to update and revise Part 0 of the FTC's Rules of Practice, covering the general description of the agency's organization and activities. The revisions are not subject to a public comment period. Changes include...

FTC declines diet ad rulemaking.(dietary supplements advertising)(Brief Article)
December 18, 2000... The Commission has denied a request by Dr. Julian M. Whitaker; Pure Encapsulations, Inc.; Imagenetix, Inc. and XCEL Pharmacy, Ltd for a rulemaking proceeding on the advertising of dietary supplements. The petitioners had asked the agency to...

Break up the Voters News Service.
December 18, 2000... On January 18, 1982 the lead pilot of the Thunderbirds, the Air Force precision aerial demonstration team, was unable to pull out of a difficult dive due to a mechanical failure. Three other pilots, who had been trained to copy his every...

Merger watch.(United States. Federal Trade Commission)(Brief Article)
December 18, 2000... Merger watch: following a brief tug-of-war between the Justice Dept.'s Antitrust Division and the FTC for jurisdiction over General Electric Co.'s proposed acquisition of Honeywell, the decision goes to... Justice. After reaching an...

Rx drugs.(Brief Article)
December 18, 2000... Rx drugs: Sources report that the FTC has reached a settlement in the Andrx-Hoechst Marion Roussel litigation before Administrative Law Judge D. Michael Chappell. The administrative complaint in D.8106 alleges that Hoechst Marion Roussel and...

Keeping the monopoly going.(United States. Federal Trade Commission)(Brief Article)
December 18, 2000... Keeping the monopoly going: The FTC recently placed its textile manufacturing Registered Number database online and is prepared to place it onto a Zip disk in response to Freedom of Information Act requests. To read it, of course, the user will...

Closed investigations.(Brief Article)
December 18, 2000... Closed investigations: The FTC has closed its investigation of whether a "proposed joint venture between CRH plc and Hanson plc may violate Sect. 7 of the Clayton Act or Section 5 of the FTC Act." Tums out the parties "abandoned the proposed...

B2B urgency misplaced?(business-to-business marketing)(Brief Article)
December 18, 2000... B2B urgency misplaced? The December 8 edition of the publication eWEEK notes that some business-to-business online marketplaces are now retrenching or closing up shop. eWEEK notes that "Ventro Corp. is closing its two wholly owned exchanges,...

CEI to FTC ... privacy this.(Competitive Enterprise Institute, United States. Federal Trade Commission)(Brief Article)
December 18, 2000... CEI to FTC... privacy this: the Competitive Enterprise Institute has alerted the commissioners to the possibility of government overreaction to privacy issues. Take Amazon.com for example. "Recently, Amazon.com contacted its 23 million...

"The third relevant market".(Brief Article)
December 18, 2000... "The third relevant market": economist Robert Steiner says that the third relevant market that antitrust officials overlook "is the downstream market(s) in which distribution firms resell the goods of manufacturers in the relevant product...

The Federal Cable Commission? FTC AOL-Time Warner merger agreement contemplates 2 compliance trustees.(Brief Article)
December 18, 2000... The FTC has persuaded America Online to share the broadband cable systems it will acquire along with the rest of Time Warner with at least three willing, pre-approved Internet Service Providers, including Earthlink. FTC antitrust orders...

Settlement protects "intense mints market" : FTC won't block Philip Morris-Nabisco.(United States. Federal trade Commission)(Brief Article)
December 18, 2000... Philip Morris and Nabisco have agreed with the FTC to divest all of Nabisco's dry-mix gelatin, dry-mix pudding, no-bake dessert, and baking powder assets to Jel Sert and Nabisco's intense mints assets to Hershey Foods to avoid an agency...

Court enjoins sale of false I.D. templates; Swindle dissents from unfairness count.(Info World investigations)(Brief Article)
December 18, 2000... At the request of the FTC, a U. S. District Court has issued a temporary restraining order pending trial against an Internet company that the FTC charges unfairly and deceptively churned out false identification templates that allow people to...

FTC names Novartis proposed trustee.(Richard Gilmore )(Brief Article)
December 18, 2000... The Commission voted unanimously to appoint GIC Group President Richard Gilmore as the proposed trustee for Novartis AG/AstraZeneca PLC. Gilmore will monitor the respondents' obligations under the order, including the transfer of intellectual...

FTC approves sale of 2 supermarkets divested to UWG last year.(Unified Western Grocers, Inc)(Brief Article)
December 18, 2000... The Commission approved Unified Western Grocers, Inc.'s (Unified, formerly Certified Grocers) application to sell two former Albertson's stores in Temecula and Corona, California to The Vons Companies, Inc. and real estate developer PCF CAPTEC...

Albertson's/American Stores order modified.(by Federal Trade Commission)(Brief Article)
December 18, 2000... The 1999 FTC final complaint and order with Albertson's/American Stores have been modified, "as there is now no need for relief concerning Albertson's agreed divestiture of a Lucky (American) store in Lompoc, California, to Ralphs."...

The following orders are final:.(brief FTC decision information)(Brief Article)
December 18, 2000... Tyco International Ltd. File No. 001-0208 Contact: Ann Malester, 202-326-2820; see press release dated October 17, 2000.) FirstPlus Financial Group, Inc. File No. 992-3121 Contact: William L. Haynes, 202-326-3107 Chairman Robert...

Calendar.
December 18, 2000... January 9-14 - FTC Deputy Competition Bureau Director Molly S. Boast will participate in a Law Education Institute, Inc. Antitrust Law Seminar, Marriott's Vail Mountain Resort, Vail, Colo. January 25-26 - Practicing Law Institute 40th...

Commissioners for life?(Brief Article)
December 20, 2000... The terms of four members of the FTC will expire on the 25th of September during the next four years: Chairman Robert Pitofsky, (D-2001); Sheila F. Anthony (D-2002); Mozelle W. Thompson (D2003); Orson Swindle (R-2004). (Commissioner Thomas B....

2000 Election: HSR reform delayed further.(Brief Article)
December 20, 2000... The FY 2001 Commerce, Justice, State appropriations bill that was approved by both houses of Congress on October 27, is still on hold. The bill would increase FTC funding to $147,154,000, raise the Antitrust Division budget to $120,838,000;...

ABA antitrust Task Force to advise new administration.(American Bar Association)(Brief Article)
December 20, 2000... The ABA Antitrust Section has appointed Jones, Day, Reavis & Pogue's Joe Sims and Pillsbury, Winthrop's Mary Cranston to co-chair a task force to advise the next administration on federal antitrust enforcement and related policy issues. ...

FTC V Heinz - part three complaint issued : Commission still divided on merger.(Federal Trade Commission vs. H.J. Heinz Co.)(Brief Article)
December 20, 2000... The Commission has voted 3-2 to issue a Part III administrative complaint in FTC v. H.J. Heinz with Commissioners Sheila Anthony and arson Swindle again dissenting --and 3-1-1 to authorize FTC General Counsel Debra Valentine to pursue an appeal...

AOL/Time Warner reprieve as FTC eyeballs Earthlink deal and ISP powwow calls merger an "Open Access Emergency".(Brief Article)
December 20, 2000... In a bid to win FTC clearance of the pending AOL/Time Warner merger, Time Warner agreed on November 20 to give Earthlink -- the second largest U.S. ISP with more than 4.6 million subscribers -- access to Time Warner Cable broadband Internet...

Enlivening corporate antitrust compliance programs.(Brief Article)
December 20, 2000... Want to spice up your corporate antitrust compliance program? Kurt Eichenwald, the author of The Informant suggests that antitrust counsel incorporate the FBI tapes together with his book about how the FBI and federal prosecutors investigated...

FTC to Congress: let Hollywood self-regulate.(Brief Article)
December 20, 2000... The FTC informed Senate Commerce Committee Chairman John McCain (R-Ariz.) on November 20 letter that it lacks legal authority to pursue showbiz players who market violent adult rated media to kids under Section 5 of the FTC Act, and would...

Senate hearing highlights growing baseball revenue gap.(Brief Article)
December 20, 2000... Senate Antitrust Subcommittee Chairman Mike DeWine (R-Ohio) was the sole senator present at a November 21 hearing on the findings of the Blue Ribbon Panel on Baseball Economics report (July) that showed that income the gap between the 'haves'...

Alternative dispute resolution report.(Brief Article)
December 20, 2000... An FTC and Commerce Dept. report on the June joint FTC/DOC workshop on Alternate Dispute Resolution (ADR) for Online Consumer Transactions summarizes the work shop's key themes for developing ADR programs that address: 1) linguistic,...

Credit report costs unchanged for 2001.(Brief Article)
December 20, 2000... The Commission has voted 5-0 to maintain the ceiling on allowable charges for credit reports -- as required by the Fair Credit Reporting Act (FCRA) (amended 1996) --at $8.50 during 2001. The Act allows consumer reporting agencies to charge a...

Railroad merger rules should be analytical, objective, transparent; so far, they're not.(Brief Article)
December 20, 2000... On October 3, 2000 the Surface Transportation Board issued proposed new rules for reviewing major rail consolidations. Based on comments filed in response to its earlier advance notice of rulemaking, the Board described its existing procedures...

Minneapolis businessman and attorney Vance Opperman.(Brief Article)
December 20, 2000... Minneapolis businessman and attorney Vance Opperman, and New York Law School Professor Rudolph Peritz have joined The American Antitrust Institute's advisory board.

The Informant: A True Story, Rats in the Grain: The Dirty Tricks and Trials of Archer Daniels Midland.(Review)
December 20, 2000... Kurt Eichenwald. The Informant: A True Story; New York: Broadway Books (2000). No index. $26. James Lieber. Rats in the Grain: The Dirty Tricks and Trials of Archer Daniels Midland; New York: Four Walls Eight Windows (2000). Indexed. $26....

Diversifying the antitrust ranks.(Brief Article)
December 20, 2000... Diversifying the antitrust ranks: The ABA Antitrust Section is accepting applications for the 2001 Minority Judicial Externship Program, and will provide $1500 stipends to minority law students who serve as externs for state and federal judges...

IP/Antitrust at crossroads.(Brief Article)
December 20, 2000... IP/Antitrust at crossroads: The ABA is offering the handbook "Intellectual Property Misuse: Licensing and Litigation" at $84.95 for Antitrust section members, others $99.95. The handbook covers: the origin and development of the misuse...

Merger Watch.(AOL and Time Warner, Glaxo Wellcome and SmithKline Beecham)(Brief Article)
December 20, 2000... Merger Watch: "'We are continuing to have constructive conversations with the FTC, and they are nearing an end,' said AOL spokeswoman Kathy McKieman. 'We are on track to close in the fall.'" - Washington Post, October 14. Recent stories about...

Thoratec Laboratories Corp.(merger discussions)(Brief Article)
December 20, 2000... Thoratec Laboratories Corp. says that as of Nov. 29 it has "has withdrawn and is resubmitting its Hart-Scott-Rodino antitrust filings with the Federal Trade Commission and Department of Justice regarding its proposed merger with Thermo...

McCormick spice opera.(FTC investigates McCormick & Co.)(Brief Article)
December 20, 2000... McCormick spice opera: The FTC's continuing investigation of McCormick & Co., popularly referred to as "McCormick TT," is nearing is conclusion. Competition Bureau Assistant Director Richard B. Dagen is now reviewing a staff recommendation that...

Restructured tissue merger can proceed.(Georgia-Pacific Corp. and Fort James Corp.)(Brief Article)
December 20, 2000... Georgia-Pacific Corp. is free to proceed with its proposed $11 billion acquisition of Fort James Corp. as long as the bulk of Georgia-Pacific's commercial tissue business is divested. The Justice Department on November 21 filed a suit to...

WorldCom will restructure Internet backbone deal.(with Intermedia Communications)(Brief Article)
December 20, 2000... A $6 billion acquisition by WorldCom of Intermedia Communications and its controlling stock interest in Digex Inc. survives the scrutiny of the Justice Department, but the price is high. WorldCom will have to sell all other Intermedia...

Leary dissents from Mylan settlement, cites Illinois Brick concerns.(FTC Commissioner Thomas B. Leary)
December 20, 2000... "Illinois Brick has withstood frontal assaults for over 20 years," FTC Commissioner Thomas B. Leary Last week, the Commission voted 4-1 to approve the tentative settlement announced last July with drug maker Mylan Laboratories that...

Alleged online pyramid spam canned.(DP Marketing settles with FTC for $72,000)(Brief Article)
December 20, 2000... A company and its principals will hand over $72,000 to settle FTC charges that they deceptively ran a pyramid scheme that fronted as a legitimate work-at-home operation DP Marketing and its principals, David Martinelli, Jr. (a/k/a David...

FTC sweep snags 4 funeral homes.(New York City and Hartford, CT homes violate Funeral Rule)(Brief Article)
December 20, 2000... FTC staff and the Connecticut Departments of Health and Consumer Protection have found four New York City and Hartford funeral homes in apparent violation of the Funeral Rule in a sweep of 30 funeral homes in those areas. The sweep used...

Calendar.
December 20, 2000... December 6 - Lunch with Federal Trade Commission Attorney Advisors: Trends in Consumer Protection Litigation and Enforcement, co-sponsored by the ABA Antitrust Section's Consumer Protection Committee and the ABA Government Litigation Section's...