FTC: Watch articles from March 2000

FTC: Watch archives from March 2000

Pharmaceutical manufacturers face FTC antitrust action.(Hoechst Marion Roussel,)(Andrx Corp.)(Brief Article)
March 13, 2000... The FTC's Competition Bureau has recommended that the Commissioners issue complaints against two sets of drug companies for allegedly agreeing to withhold generic prescription drags from the market, FTC: WATCH has learned. In each case,...

FTC's McCormick case a paradigm shift?
March 13, 2000... The Federal Trade Commission contributed importantly to the longrunning debate over slotting fee practices in the grocery industry with last week's release of a Robinson-Patman Act complaint and consent order against McCormick & Company. This...

Parker on FTC merger enforcement: agency mostly prefers upfront buyers.
March 13, 2000... No antitrust lawyer can responsibly advise clients what is likely to happen to their proposed mergers and acquisitions at the FTC without referring to last year's Divestiture Study, FTC Competition Bureau Director Richard Parker said last week....

FTC staff applauds FDA proposals to prevent rivals abusing procedures, asks FDA to pass on suspect petitions.
March 13, 2000... Cleaning up your 'citizen petition' mechanism so that rivals cannot abuse regulatory processes to delay rivals from introducing new generic drugs or medical devices is good housekeeping, FTC Competition Bureau Policy Planning Office staff told...

Balto says industry can expect some FTC guidance on slotting fees.(Policy and Evaluation Office Assistant Director David Balto )
March 13, 2000... The FTC plans to offer general industry guidance on the kinds of slotting allowance practices that the Competition Bureau believes warrant investigation, Policy and Evaluation Office Assistant Director David Balto says. In fact, FTC: WATCH has...

Bliley plugs Barton's 'comprehensive' electricity deregulation bill.
March 13, 2000... "Competition in electricity is LONG overdue... and stalling could jeopardize our energy future," House Commerce Committee Chairman Tom Bliley (R-Va.) told a gathering sponsored by the American Public Power Association and Americans for...

First "safe harbor" application under kid's online privacy rule.
March 13, 2000... An automated "individual privacy seal program for web sites," PrivacyBot.com, is the first entity to come up with a kids' Online Privacy Rule 'safe harbor' proposal -- and the FTC wants to know what you think about the application. The...

Commission likes proposed HHS rules for protecting private health information.(Brief Article)
March 13, 2000... The FTC "strongly supports" the U.S. Department of Health and Human Services proposed privacy standards for protecting personal health information, the agency told HHS on February 17. HHS' proposed Rule (64FR 59918, November 3) takes an...

Agency revisits Smokeless Tobacco Rule.(Brief Article)
March 13, 2000... The FTC is reviewing its Smokeless Tobacco Trade Regulation Rule, a rule required by the Comprehensive Smokeless Tobacco Health Education Act of 1986. Congress hoped that the Act would help increase public awareness of the health hazards...

Bernstein tells Senate more can be done to combat identity theft.(Brief Article)
March 13, 2000... The FTC is working closely with other federal agencies and the private sector and is stepping up consumer complaint data processing and education efforts -- to help combat the growing problem of identity theft, testified FTC Consumer Protection...

Hill told AOL/Time Warner merger should be evaluated as part of a likely trend and in the context of free speech.(Brief Article)
March 13, 2000... Congress should "create a Temporary Committee to Study Media Mergers and Media Convergence," University of Baltimore Law Prof. Robert H. Lande told a Senate Commerce Committee heating on America Online's proposed acquisition of Time Warner on...

Merger Watch.(Air Liquide and Air Products)(Brief Article)
March 13, 2000... Merger Watch: The Air Liquide and Air Products joint bid for 100% of BOC continues to straggle on at the FTC, continuing to encounter antitrust difficulties. According to informed sources, Air Liquide and Air Products have yet to reach...

Antitrust Section, call your anchors.(Brief Article)
March 13, 2000... Antitrust Section, call your anchors: the national headquarters of the Republican Party is miffed that the major television networks either didn't mention, or only briefly mentioned, the conviction of a fund-raiser for Vice President Gore of...

We'll see your cartel and raise you a "gas out".(Brief Article)
March 13, 2000... We'll see your cartel and raise you a "gas out": A message bouncing around the Intemet encourages Canadians and Americans to whack the OPEC cartel by refusing to buy any gasoline from April 7 - April 9. "Anytime we can stick it to them it's a...

Umm, we lost them.(Brief Article)
March 13, 2000... Umm, we lost them: the FTC has told Michael J. Glazer of Tallahassee's Ausley & McMullen that it can't provide him with some of the records from File No. 881-0062, American Dental Association, because "Our search of the FTC's records and...

Ship this.(Brief Article)
March 13, 2000... Ship this: The ABA Antitrust Section is backing H.R. 3138, the Free Market Antitrust Immunity Reform Act of 1999, introduced by House Judiciary Committee Henry J. Hyde. The legislation would "repeal the antitrust immunity currently enjoyed by...

See the Pretty Park.(Brief Article)
March 13, 2000... See the Pretty Park: a new version of a computer virus called "Pretty Park" (a Trojan Horse, actually) can, "according to an MSNBC report, "infect users of any of the Windows[TM] platforms." It arrives as an e-mail attachment, "prettypark.exe"...

Steel drum makers win OK for sales/purchase joint venture.(Brief Article)
March 13, 2000... Five regional manufacturers of steel drums want a shot at lucrative contracts with multi-regional and national customers who want to sole-source their purchases. Without the ability to band together for volume discounts on purchases and to...

Making the best of a bad situation: Alaska fishing pacts approved.(Brief Article)
March 13, 2000... Under the theory that it won't make the market much worse than it has already been made by a regulatory program administered by the U. S. Department of Commerce, the Antitrust Division okayed separate intra-group fish allocation proposals by...

Shoe supplier settles price-fixing charges; Leary, Swindle question per se future.(Nine West)(Thomas Leary)(Orson Swindle)(Brief Article)
March 13, 2000... Nine West Group Inc., a leading U.S. women's shoes' supplier, has agreed to avoid engaging in resale price-fixing with dealers to settle FTC allegations its practices artificially inflated Nine West products' prices and restricted competition...

Chiropracters settle price-fixing charges.(Brief Article)
March 13, 2000... The Wisconsin Chiropractic Association (WCA) and its executive director, Russell A. Leotard will refrain from fixing prices for chiropractic goods or services and third-party payer contract terms to settle FTC allegations that they conspired to...

Trans Union saga continues: FTC finds FCRA violation, firm promises another appeal.(Brief Article)
March 13, 2000... "This case demonstrates that the Commission will vigorously enforce the prohibition of distributing sensitive financial information for marketing purposes." FTC Consumer Protection Bureau Financial Practices Associate Director David Medine ...

Alleged credit repair scammers must find new line of work.(Brief Article)
March 13, 2000... Two companies and their principles are permanently enjoined from offering credit repair services to settle FTC charges that they violated federal laws by advising consumers they could improve their credit profiles "ethically" and "legally" by...

Chicago telemarketers allegedly ran office supply scams hitting small businesses.(Brief Article)
March 13, 2000... A Chicago telemarketing company and its owner sent and billed small U.S. businesses, charities and churches unordered merchandise, the FTC charged, and a federal court has ordered the defendants to find new work and pay $80,000 in consumer...

Vacation package dealers repay $75,000.(Brief Article)
March 13, 2000... A Nevada company and its owners agreed to pay $75,000 consumer redress, post a $175,000 bond before reentering the travel service business and not make travel-related misrepresentations -- in a second court settlement resulting from several...

El Paso Energy gets FTC nod to divest two gas pipeline assets.(Brief Article)
March 13, 2000... The Commission approved E1 Paso Energy Corp.'s application to divest it's East Tennessee Natural Gas Co. to PanEnergy Corporation and the Sea Robin Pipeline Company to the Trunkline Gas Company. The FTC confirmed its prior approval of the...

Exxon-Mobil gets OK to sell marketing assets to Tosco.(Brief Article)
March 13, 2000... The Commission has approved an Exxon Mobil application for prior Commission approval to divest Exxon's northeastern marketing assets and Mobil's mid-Atlantic marketing assets to Tosco Corporation. "Atier consideration of Exxon Mobil's...

Exxon Mobil applies to divest California refining and marketing assets to Valero.(Brief Article)
March 13, 2000... Exxon Mobil Corp. applied to the FTC for approval to divest Exxon's California Refining and Marketing Assets (Paragraph II.A-F of the proposed order) to Valero Refining Company-California, a wholly owned subsidiary of Valero Energy Corporation...

Calendar.(Federal Trade Commission)(Brief Article)
March 13, 2000... March 15- FTC Chairman Robert Pitofsky will speak at the National Summit on Identity Theft convened by the U.S. Treasury Department, Omni Shoreham Hotel, 2500 Calvert Street, NW, Washington; 12:15pm March 16- FTC Chairman Robert Pitofsky...

Looking for Steve Axinn?(Brief Article)
March 13, 2000... Looking for Steve Axinn? For the first time in his lengthy career, he's sold himself to the government, helping the Antitrust Division analyze the pending MCI Woddcomm/Sprint merger in Washington four days a week He commutes from New York City...

Notre Dame Associate Professor of Marketing Gregory Gundlach.(Brief Article)
March 13, 2000... Notre Dame Associate Professor of Marketing Gregory Gundlach has joined the American Antitrust Institute's Advisory Board. Gundlach has a law degree as well as an MBA and a PhD in marketing and focuses on understanding competition policy and...

Former New York Assistant Attorney General George Mesires.(ex-public official to joint law firm of Lazare Potter Giacovas and Kranjac)(Brief Article)
March 13, 2000... Former New York Assistant Attorney General George Mesires has joined the law firm of Lazare Potter Giacovas & Kranjac in New York City. After graduating with a JD/MBA from Syracuse University, he spent four years with the AG's office working on...

Cyberspace, petroleum, industrial gases.(acquisition analysis and regulation information)(Brief Article)(Statistical Data Included)
March 27, 2000... A couple of years ago, entrepreneur Jim Clark, a founder of Silicon Graphics and Netscape, had yet another great idea. Suppose we could use the Internet to expedite and process medical billings? Figure that one out, and the firm providing this...

Leary: 2nd Request reforms too dicey, Adversarial conduct is bi-modal.(Thomas B. Leary on antitrust law reform)
March 27, 2000... "It's a fact of life that the government will hassle you more if you are adversarial" - FTC Commissioner Thomas Leary. "Controversial antitrust legislation almost never gets enacted," FTC Commissioner Thomas Leary told a National...

Pitofsky and Klein tell Senate: We're doing more with less, but non-merger antitrust enforcement pinched.(Robert Pitofsky and Joel Klein)
March 27, 2000... "If we are to keep up with the growing demands that will be imposed by the 21st century marketplace, we need significantly more resources," FTC Chairman Robert Pitofsky told the Senate Antitrust Subcomittee last week. "The FTC has...

"Slotting fees" workshop in May & June Bakers Assoc. to petition for guidelines.(public workshop information)(Brief Article)
March 27, 2000... An FTC public workshop scheduled for May 31 and June 1 will explore the appropriate antitrust assessment of slotting allowances and other grocery marketing practices. FTC: WATCH reported in No. 540 that FTC Competition Bureau Policy Office...

Swindle holds firm that government online privacy regulation is premature.(legislation information)(Brief Article)
March 27, 2000... Government regulation of online privacy remains premature, said Commissioner Orson Swindle at George Mason University's 2000 Global Internet Summit on March 14 -- as he also advised Congress last July [FTC: WATCH, No. 528, September 13]. ...

ICPAC's final report offers international antitrust "best practices" blue print.(International Competition Policy Advisory Committee )(Brief Article)
March 27, 2000... The U.S. should take the lead in promoting transparency and developing "best practices" disciplines for multijurisdictional merger review, the International Competition Policy Advisory Committee (ICPAC) advised the Justice Dept. in its final...

Justice Dept., Antitrust Section back Hyde's ocean shipping antitrust exemption repeal.(Henry Hyde )(Brief Article)
March 27, 2000... "Why should we wait another day to repeal shipping antitrust immunity?" asked House Judiciary Committee Chairman Henry Hyde at a House hearing on the merits of his Free Market Antitrust Immunity Reform Act of 1999 (H.R. 3138), a bill that would...

FTC drops distinction between front & top loading clothes washers.(washing machine regulation)(Brief Article)
March 27, 2000... The distinction between 'Front-Loading' and 'Top Loading' clothes washers is no longer needed for the purposes of the FTC's Appliance Labeling Rule, the Commission explained, amending Appendix F of the Rule to eliminate that distinction. ...

Energy Secretary presses for federal electricity dereg legislation.(electricity industry deregulation information)(Brief Article)
March 27, 2000... Federal legislation is needed to bring competition to the electricity industry, said Energy Secretary Bill Richardson, speaking on electricity restructuring and electric reliability in Washington DC on March 13. "Consumers in your cities...

Internet privacy.(legislation information)(Brief Article)
March 27, 2000... Internet privacy: anyone who thinks Congress doesn't take seriously the privacy implications of personal data gathered by Internet sites should take note of the "Privacy Commission Act" introduced by Rep. Asa Hutchinson (R-Ark.) and Rep. Jim...

Intellectual property and antitrust.(Intel Corp court case information)(Brief Article)
March 27, 2000... Intellectual property and antitrust: The reader will recall that in November, the U.S. Court of Appeals for the Federal Circuit reversed a district court's holding that Intel Corp. had enough power over the design and manufacture of computer...

If it works for handguns.(anit-Microsoft political activity)(Brief Article)
March 27, 2000... If it works for handguns... why not for computer operating systems? The U.S. Housing and Urban Development Dept. and various local officials have announced their intention to shift as much of their firearms business as possible to Smith &...

He's b-a-a-a-ck.(Bush administration political activity)(Brief Article)
March 27, 2000... He's b-a-a-a-ck: According to a March 19 account in the New York Times by Stephen Labaton, "some [George W. Bush] aides have quietly promised industry executives and lobbyists that a Bush administration would move swiftly to eliminate" the...

Quotations of the week.(Thomas Leary and Gail Collins)(Brief Article)
March 27, 2000... Quotations of the week: "I do not serve at the pleasure of the president. The only way you can get rid of me is to impeach me. As you know now, that is not easy to do." Commissioner Thomas Leary telling Stanford University Business School Sloan...

From the official web page.(of Congressman Asa Hutchinson)(Brief Article)
March 27, 2000... From the official web page: "The office of Congressman Asa Hutchinson would be happy to help you in securing any of the following: a congratulatory greeting from the President for a birthday (for persons 80 years of age or over) or a wedding...

Divestitures leaven midwest bread merger.
March 27, 2000... The proposed $625 million merger of two midwest commercial baking companies has the Antitrust Division's approval now that the firms have agreed to sell off two brands of white pan bread in Iowa and in portions of Kansas, Nebraska, Missouri,...

Graphite price-fixing probe nets two guilty pleas and $7.15 million.
March 27, 2000... New Jersey-based Carbone of America Industries -- a manufacturer of isostatic graphite -- and its Preisdent and CEO agreed to plead guilty and pay more than $7.15 million in fines for participating in an international cartel to fix the prices...

Brand name drug makers stung: Allegedly kept generics off the market Hatch-Waxman Act reform may be in works.
March 27, 2000... Andrx Corp. and Hoechst Marion Roussel, Inc. (now Aventis) the maker of a widely used anti-hypertension and angina drug Cardizem CD are on their way to trial before an administrative law judge, thanks to a unanimous Commission vote to issue a...

FTC OK's phosphoric acid merger sans one business - Thompson says market definition too narrow.
March 27, 2000... Four FTC Commissioners said yes to Rhodia, Donau Chemie AG's (Rhodia) proposed acquisition of Albright & Wilson PLC (A&W) -- so long as Rhodia divests A&W's pure phosphoric acid business (PPA) and the related manufacturing assets to Potash...

Puerto Rico Dental Association settles FTC price-fixing & boycotting charges.
March 27, 2000... An association of 1,800 Puerto Rican dentists has agreed to avoid the illegal conduct alleged in an FTC complaint that charges it with restraining competition among dentists in Puerto Rico by organizing boycotts and barring its members from...

Alleged cramming scams net $210,000; $36 million in charges forgiven.
March 27, 2000... Two companies, their collection agency and principals will pay $210,000 consumer redress and forgive $36 million in unpaid charges to settle FTC allegations that they crammed unauthorized phone charges onto phone bills. Crown Communication...

Calendar.
March 27, 2000... March 28 - FTC Consumer Protection Bureau Director Jodie Bernstein will testify before the Senate Committee on Small Business on, "Toner-Phoner Schemes." Senate Dirksen Office Building, Room 562, 9:30am .March 29- FTC Competition Bureau...