FTC: Watch articles from October 2001

FTC: Watch archives from October 2001

District court says Boston Scientific violated FTC merger order.
October 8, 2001... A U.S. district court has entered summary judgment for the FTC and the Justice Dept. in a case alleging that Boston Scientific Corp. has violated an FTC consent order designed to ensure competition in the market for intravascular ultrasound...

FTC electricity study links retail competition to wholesale competition.(Competition and Consumer Protection)(Perspectives on Electric Power Regulatory)(Reform: Focus on Retail Competition)(Brief Article)
October 8, 2001... Wholesale electricity markets must be competitive to realize the expected benefits of retail competition, warned the FTC staff in a recent report to Congress titled-"Competition and Consumer Protection Perspectives on Electric Power Regulatory...

Muris says new privacy law unneeded, promises "aggressive" enforcement; Anthony and Thompson disagree.(Timothy Muris; Sheila Anthony; Mozelle)(Thompson)(Brief Article)
October 8, 2001... FTC Chairman Timothy Muris will not push the online privacy legislation favored by his predecessor, Robert Pitofsky, but says he is committing the agency to an "aggressive privacy agenda." Muris spoke at a privacy conference broadcast by...

Interagency financial privacy workshop.(Brief Article)
October 8, 2001... A financial privacy public workshop sponsored by the FTC and seven other federal agencies is scheduled for December 4 at FTC headquarters. The other seven participating agencies -- the Federal Reserve System, Commodity Futures Trading...

Office supply fraud workshop.(Brief Article)
October 8, 2001... A one-day public workshop on office and cleaning supply fraud hosted by the FTC will be held at the agency's Washington, D.C. headquarters on November 8. FTC staff, state law enforcers, office and cleaning supply industry associations and...

What to do about Microsoft? Ten commandments of relief.
October 8, 2001... The American Antitrust Institute offers the following suggestions for correcting Microsoft's operating system monopoly in the event the Justice Dept.'s Antitrust Division and Microsoft are unable to negotiate an acceptable settlement by...

SBC not ready for long distance in 2 states.(Arkansas, Missouri)(Brief Article)
October 8, 2001... SBC Communications Inc.'s bid to sell long-distance voice and data service in Missouri and Arkansas does not yet have Antitrust Division support. But, the Division says that the Federal Communications Commission "may be in a position to...

Charging premerger gun-jumping, DOJ sues software companies.(Brief Article)
October 8, 2001... Computer Associates International Inc. and Platinum Technology International inc. violated pre-merger waiting period requirements and price-fixing laws by agreeing that Platinum would limit price discounts during the mandatory pre-merger...

Merger watch.(Brief Article)
October 8, 2001... Merger watch: Valero's proposed merger with Ultramar may get by the FTC, but it's understood that the California attorney general's antitrust section has expressed concern about a loss of refinery competition. The FTC investigating staff...

Footnote.(BioPort Corp. contract)(Brief Article)
October 8, 2001... Footnote: the October 6 New York Times reports that the military has entrusted its supply of anthrax vaccine to a single firm, BioPort Corp. of Lansing, Mich., but the firm can't provide any of the vaccine because it has yet to pass FDA...

Microsoft.(must settle case by November 9, 2001)(Brief Article)
October 8, 2001... Microsoft: U.S. District Court Judge Colleen Kollar-Kotelly has ordered the government and Microsoft to discuss settlement "24 hours a day, seven days a week" until November 2. Both parties have agreed to submit their proposed final judgments...

Closed investigations.(Brief Article)
October 8, 2001... Closed investigations: Time Warner, Inc. and EMI Group plc have abandoned plans for a joint venture, and so the FTC has closed File No. 001-0106. Likewise Bertelsman AG has abandoned its proposed acquisition of EMI, and the FTC has closed File...

Rx drugs and generics.(trial set for 3 pharmaceutical firms, U.S.)(Brief Article)
October 8, 2001... Rx drugs and generics: Administrative Law Judge D. Michael Chappell has set trial of FTC charges against Schering-Plough Corp., Upsher-Smith Laboratories and American Home Products Corp. for January 8, 2002 in Washington. The firms are charged...

Online porn peddlers set up $250,000 escrow account.(disciplined by Federal Trade Commission, U.S.)(Brief Article)
October 8, 2001... A company running an online pornography site has agreed to establish an $250,000 escrow fund, confirm membership requests by email and avoid deceptive billing practices. All to settle FTC charges that it billed consumers without their knowledge...

Cup cake party over.(Federal Trade Commission charges result in temporary restraining order against John Zuccarini, U.S.)(Brief Article)
October 8, 2001... A federal Court slapped a temporary restraining order on an alleged Internet charlatan with a penchant for cupcakes who the FTC charges ran long running and extensive online mouse trapping operations. The TRO was to be in effect until October...

Toymaker on wrong side of COPPA.(Children's Online Privacy Protection Act, U.S.)(Brief Article)
October 8, 2001... A maker and online marketer of girls' toys and school supplies is minus $30,000 to settle FTC charges that it failed to obtain parental consent before asking girls visiting its web site to provide extensive personally identifying information....

More government auction marketers.(Federal Trade Commission disciplines California telemarketer, U.S.)(Brief Article)
October 8, 2001... A California telemarketing company and its principals have agreed to post a $1 million performance bond and pay $535,000 in consumer redress to resolve FTC charges that they fraudulently promoted and sold public information guides for...

FTC advice on terrorist victim scams.(Federal Trade Commission gives tips on how to avoid giving to fraudulent charities, U.S.)(Brief Article)
October 8, 2001... Con artists have been quick to seek a fast buck from the September 11 terrorist attacks on the World Trade Center and the Pentagon, and the FTC has responded with tips for giving wisely. While FTC:WATCH subscribers are unlikely to need them,...

Two AOL-TW applications in NY.
October 8, 2001... As required by an April 17 FTC merger order, America Online/Time Warner, Inc. has asked the agency to approve a non-affiliated Internet service provider (ISP) and alternative cable broadband service agreement. AOL-TW seeks FTC approval of: (1)...

... and in Florida.
October 8, 2001... AOL-TW also seeks FTC approval of a nonaffiliated Internet service provider (ISP) and alternative cable broadband service agreement in Florida. AOL-TW wants the FTC to approve: (1) its ISP agreement with Internet Junction Corp. (Internet...

FTC amends disability rule for new technology purchases.(Federal Trade Commission, U.S.)(Brief Article)
October 8, 2001... The Commission has amended Part 6 of its Rules of Practice, the part that establishes procedures for resolving complaints of discrimination by individuals with disabilities. The amendment implements section 508 of the Rehabilitation Act of 1973...

Aventis's refludan divested to Schering.(with U.S. Federal Trade Commission approval)(Brief Article)
October 8, 2001... The Commission has approved Hoechst AG, Rhone-Poulenc S.A's. (now Aventis S.A.) request to divest "Refludan Assets," to Schering AG of Germany. Approval is required by a January 2000 divestiture order. Ferghana Partners, the FTC-appointed...

Calendar.
October 8, 2001... October 10 - FTC Commissioner Orson Swindle will discuss the FTC's privacy plan at a meeting of government relations executives from firms belonging to the Business Roundtable; 1615 L St. NW, Suite 1100, Washington; 2:00pm ABA Antitrust...

Boston University Prof. Joseph Brodley and Howard University Prof. Andrew Gavil.(join Advisory Board of the American Antitrust Institute)(Brief Article)
October 8, 2001... Boston University Prof. Joseph Brodley and Howard University Prof. Andrew Gavil have joined the American Antitrust Institute's Advisory Board. [www.antitrustinstitute.org]

Former FTC Bureau of Competition attorney Jeff Jacobovitz.
October 8, 2001... Former FTC Bureau of Competition attorney Jeff Jacobovitz, now at Kutak, Rock in D.C., and his wife, Leah, had a baby boy, Noam Ari Jacobovitz on August 9.

Merger watch.
October 22, 2001... Is there a broad product market that encompasses all classified advertising for employee recruiting? Or are there two markets: local or regional, dominated by newspapers; and national, the sphere in which Internet employment services compete...

MasterCard/Visa "duality," yes; Exclusionary contracts, no.(court case ruling details)(Brief Article)
October 22, 2001... U.S. District Judge Barbara S. Jones has found MasterCard and Visa guilty of one of the two Sherman Act violations alleged by the Antitrust Division and enjoined them "from enacting, maintaining, or enforcing any by-law, rule, policy or...

FTC Cipro investigation, legislation.(Federal Trade Commission into Bayer AG)(Brief Article)
October 22, 2001... The FTC is investigating possible antitrust violations used by Bayer AG to maintain its patent for ciprofloxacin, the principal antibiotic used to treat anthrax, sold as Cipro, according Congressional sources. The FTC has subpoenaed documents...

New merger review program.(Brief Article)
October 22, 2001... Earlier identification of antitrust issues that will allow time for parties to negotiate terms for merger investigations will result from merger review process reforms, according to Assistant Attorney General Charles A. James. Antitrust...

I'll call you.(Brief Article)
October 22, 2001... I'll call you: FTC staff plan to give the Commission their recommendations for amending the Telemarketing Sales Rule by the end of the month, FTC Consumer Protection Bureau Chief Howard Beales told reporters at an October 18 telemarketing fraud...

What's in a name?(Brief Article)
October 22, 2001... What's in a name? Early last year, the former International Competition Policy Advisory Committee (ICPAC) urged the U.S. to support creation of an informal "Global Competition Initiative" to help build international antitrust policy consensus...

Unocal FOIA denied.(Brief Article)
October 22, 2001... Unocal FOIA denied: Earlier, the FTC fulfilled a Freedom of Information Act (FOIA) request for a copy of Exxon Mobil's March 2001 request for the FTC to investigate Unocal Corp [FTC:WATCH No. 573, September 24]. The Exxon Mobil request...

More from the FOIA files.(Federal Trade Commission investigations)(Brief Article)
October 22, 2001... More from the FOIA files: The FTC turned up 181 pages of documents for information about Frito-Lay Inc. Most of the records came from the Justice Dept. and those were forwarded to the DOJ to review before responding. Competition Bureau Chief...

A tiny turf tussle, perhaps?(Department of Justice)(Brief Article)
October 22, 2001... A tiny turf tussle, perhaps? A keen observer of all things antitrust, notes that the Justice Dept. has recently modified the section of is Web site devoted to the Antitrust Division. That section contains an e-brochure, Antitrust Enforcement...

Boston Scientific sees no problem.(company violation details)(Brief Article)
October 22, 2001... Boston Scientific sees no problem: As reported in FTC:WATCH No. 574, a federal judge has found Boston Scientific Corporation to be in violation of a 1995 FTC consent order that required certain divestitures. While the court did not find BSC...

Rx drug settlement.(Schering-Plough Corp court case details)(Brief Article)
October 22, 2001... Rx drug settlement: one of the three respondents in the FTC's administrative trial of allegations that Schering-Plough Corp. illegally paid Upsher-Smith Laboratories and American Home Products millions of dollars to induce them to delay...

Hearst to pay largest HSR civil penalty.(Hearst Corp court cases settlement)(Brief Article)
October 22, 2001... Hearst Corp. will pay a $4 million civil penalty to settle FTC charges that it failed to produce some Hart-Scott-Rodino Act 4(c) documents -- all studies, surveys, analyses and reports needed to analyze likely competitive effects of deals --...

E-tailer settles country-of-origin fiber disclosure charges.(FanBuzz court case settlement details)(Brief Article)
October 22, 2001... An online retail store has agreed to abide by the FTC's Textile Rules, promulgated under the Textile Fiber Products Identification Act, to resolve FTC concerns that it failed to make country-of-origin disclosures for textiles sold through mail...

FTC & states tackle alleged telemarketing hoodwinkers.(Brief Article)
October 22, 2001... A slew of telemarketers snagged during a federal-state sweep with the snappy moniker "Operation Ditch the Pitch" are now facing enforcement action forged by significant cooperation between the FTC and the attorneys general of six states. ...

70 retailers warned not to hide appliance EnergyGuide labels.(United States Federal Trade Commission)(Brief Article)(Statistical Data Included)
October 22, 2001... Seventy retailers have been Warned that their yellow-and-black EnergyGuide labels were not properly displayed when FTC staff inspected 14,000 appliances in 144 showrooms. The agency apprised the retailers of their obligations and of the...

FTC seeks disgorgement from bargain deal magazine.(Federal Trade Commission vs. Bargains and Deals Magazine L.L.C.)(Brief Article)
October 22, 2001... Bargains & Deals Magazine is in a heap of trouble as the FTC asks the U.S. District Court for the Western District of Washington (Seattle) for a permanent injunction against the firm. The agency is also looking for disgorgement of allegedly ill...

New counts added to travel fraud complaint.(United States Federal Trade Commission vs. Travel Express)(Brief Article)
October 22, 2001... The FTC's case against Travel Express International, Inc.(TEI) and two of its officers has just grown by four counts. The April 9 complaint against TEI and officers, Robert Lewis II and Allen Humphries was amended to add new counts...

La Farge seeks OK to divest lime assets.(United States Federal Trade Commission)(Brief Article)
October 22, 2001... Lafarge S.A./Blue Circle Industries PLC; Blue Circle North America Inc.; and Blue Circle Inc. (Lafarge) requested FTC approval of the proposed divestiture of Blue Circle's Lime Assets to Peak Investments L.L.C. Send comments to the...

AOL/TimeWarner ISP agreement application.(America Online/Time Warner Inc contract Inter.net US)(Brief Article)
October 22, 2001... America Online/Time Warner, Inc. has asked for FTC approval of a non-affiliated Internet Service Provider (ISP) agreement and an alternative cable broadband service agreement with Inter.net US, Ltd. Inter.net US is based in Reston, Virginia and...

Although it has been common knowledge for months, Assistant Attorney General for Antitrust Charles A. James.(appoints William J. Kolasky)(Brief Article)
October 22, 2001... Although it has been common knowledge for months, Assistant Attorney General for Antitrust Charles A. James finally announced that William J. Kolasky is the new Deputy Assistant Attorney General for international antitrust and policy...

U.S. District Court Judge Colleen Kollar-Kotelly.(appoints Eric D. Green mediator in Microsoft Corp. case)(Brief Article)
October 22, 2001... U.S. District Court Judge Colleen Kollar-Kotelly has appointed Boston University Law Prof. Eric D. Green as a facilitator/mediator in U.S. v. Microsoft. Both sides agreed with this choice. Judge Kollar-Kotelly's October 12 order urged all three...

Deputy Assistant Attorney General R. Hewitt Pate.(spoke at Assistant Attorney General Thomas Greene awards dinner)(Brief Article)
October 22, 2001... Deputy Assistant Attorney General R. Hewitt Pate spoke in James' place at the Ninth Annual Golden State Antitrust and Unfair Competition Law Institute & Eleventh Annual Antitrust Lawyer of the Year Award Program in San Francisco on October 18....

Deputy Assistant Attorney General William Kolasky.(Brief Article)
October 22, 2001... Deputy Assistant Attorney General William Kolasky subbed for James at the Organization for Economic Cooperation & Development (OECD) Forum on Competition in Paris on October 17,