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Antitrust & Trade Regulation Communications & Media General Business

Read Antitrust & Trade Regulation updates, alerts, news, and legal analysis from leading lawyers and law firms:

FTC’s “Made in USA” Enforcement On Pace With Prior Years

by Kelley Drye & Warren LLP on

In a keynote address at the National Advertising Division conference earlier this month, Mary Engle, Associate Director in the Advertising Practices Division of the FTC, included “Made in USA” as among the agency’s current...more

Update Your Browsewrap and Clickwrap Agreements

by Revision Legal on

A recent California case reminds businesses and website owners that browsewrap and clickwrap agreements must be conspicuous for courts to enforce them. See Long v. Provide Commerce, Inc., 245 Cal.App.4th 855 (2nd Dist. 2016)....more

Alert: FTC Gives New Guidance on Paid Social Media Influencers

by Cooley LLP on

The Federal Trade Commission has recently updated guidance on the use of endorsements in The FTC's Endorsement Guides: What People Are Asking, which address the use of social media and paid influencers to promote companies...more

AD-ttorneys@law

by BakerHostetler on

Tom “Syndicate” Cassell and Trevor “TmarTn” Martin serve up high-octane reviews and commentary on games and gaming culture on YouTube. Both are wildly popular – Cassell’s YouTube channel is one of the top 100 subscribed...more

Disclose or Else: FTC Steps Up Prosecution of Social Media Influencers

Last week, the FTC brought its first action against a social media influencer for failing to make appropriate disclosures on sponsored posts. While it had previously prosecuted companies who pay influencers for posts such as...more

AD-ttorneys@law

by BakerHostetler on

Abbott Nutrition did something unique. It added a new ingredient to its Similac Pro-Advance and Pro-Sensitive infant formulas that, until now, had only been available in human breast milk: 2’-fucosyllactose human milk...more

Is Outdated Information on Your Website Putting Your Company At Risk?

by Foley & Lardner LLP on

With all of the attention given to upgrading cybersecurity, it can be easy to forget that outdated content on a company’s website also can be a source of risk. Nearly all company websites include information regarding the...more

Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an...

In Reyes v. Lincoln Automotive Financial Services, the Second Circuit was asked to address whether the Telephone Consumer Protection Act (“TCPA”) “permits a consumer to unilaterally revoke his or her consent to be contacted...more

AD-ttorneys@law

by BakerHostetler on

Slick, well-produced fake talk shows promoted dubious products and undisclosed payment plans. The Federal Trade Commission and the Maine attorney general accused XXL Impressions, ad agency Synergixx, marketing company J2...more

DOJ Obtains Price-Fixing Guilty Plea

by Jones Day on

Texas-based e-commerce company Zaappaaz, Inc.—doing business as WB Promotions, Inc., Wrist-Band.com, and Customlanyard.net—and its president both agreed to plead guilty to conspiring to fix prices for customized promotional...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

by Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

AD-ttorneys@law

by BakerHostetler on

Sonny and Bobby Le, brothers from Anaheim California, caught the Federal Trade Commission’s attention with a series of websites (titled Infinity Trampolines, Happy Trampoline, and Trampoline Jumpers) through which they sold...more

Coty: Selective distribution and the luxury of prohibiting third party platform sales

by DLA Piper on

With the meteoric rise in internet selling, the permissibility of banning selective distributors from selling via "third party platforms" is a hotly debated topic across the EU, particularly in Germany and Austria. In...more

Selective distribution systems: AG Wahl advises to allow a ban on sales via online marketplaces

by White & Case LLP on

In his opinion in Coty, Advocate General ("AG") Wahl invites the European Court of Justice ("ECJ") to rule that a manufacturer operating a selective distribution system is, under certain conditions, allowed to prohibit its...more

One click away from a marketplace ban?

by Dentons on

Luxury brands can lawfully prevent their authorised dealers from selling their products on third party online platforms such as Amazon.com and eBay, according to Advocate General Wahl's Opinion for the European Court of...more

What Will Your Social Media Influencer Letter from the FTC Look Like?

by Kelley Drye & Warren LLP on

We have blogged about the FTC’s barrage of letters when they were originally released in April and again last week. Back in May, in response to a Freedom of Information Act request by the National Law Journal, the FTC...more

Consumer Groups Push for More Regulation of Influencers

by Kelley Drye & Warren LLP on

In November, we posted that four consumer groups had sent letters to FTC, encouraging the agency to investigate and bring enforcement actions regarding the use of influencers on Instagram. In April, the FTC responded by...more

Rules Are Made to Be ...Reformed: FTC Announces Regulatory Reform Measures

by Kelley Drye & Warren LLP on

As part of the FTC’s ongoing review of the needs, costs, and benefits of regulations, the agency recently announced it is reviewing the following rules: The Picture Tube Rule requires manufacturers to base screen size...more

There May Be Coverage for the Defense and Settlement of FTC Claims

A number of companies have been sued by the FTC in recent years, alleging, for example, that the company made claims regarding the product or service without adequate substantiation. Many of these companies are small private...more

Online Trade Under Antitrust Scrutiny in EC's E-Commerce Sector Inquiry Final Report

by Jones Day on

On May 10, 2017, the European Commission published its long-awaited Final Report on the 2015 E-commerce Sector Inquiry ("Report"). The Report highlights the Commission's enforcement priorities in the online markets for...more

OTA & Travel Distribution Update - June 16th, 2017

by Garvey Schubert Barer on

Our weekly client OTA & Travel Distribution Update for the week ending June 16, 2017 is below. Several interesting stories this week... Price-Fixing Technology the Subject of EU Regulators [PARITY] - ("Enforcers Must...more

EU Retail News - June 2017

by Bryan Cave on

2017 is shaping up to be the year that the UK's Committee of Advertising Practice ("CAP") puts its foot down on how companies can advertise to children online. In recent months, CAP has published a multitude of guidance to...more

OTA & Travel Distribution Update - June 9th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending June 9, 2017 is below. This week’s Update features a variety of stories. Airline Surcharge Challenged [DIRECT BOOKING] - ("IAG Flight-Booking Surcharge...more

OTA & Travel Distribution Update - June 2nd, 2017

by Garvey Schubert Barer on

This week’s client OTA & Travel Distribution Update for the week ending June 2, 2017 is below. A short update this week: Expedia Defends (Again) Billboard Effect [OTA]. In the latest salvo regarding the existence of...more

FTC Settles Claims Against Trampoline Companies Over Online Reviews

by Reed Smith on

The Federal Trade Commission (“FTC”) last week agreed to settle charges levied against the marketers of Infinity and Olympus Pro brand trampolines. Those charges asserted that the marketers, under the guise of a variety of...more

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