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Communications & Media Antitrust & Trade Regulation

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

FTC enforcement under new leadership to focus on consumer harm, fraud

by Ballard Spahr LLP on

Based on a Law360 article reporting on an interview with Thomas Paul, the Acting Director of the FTC Bureau of Consumer Protection, it appears that under its new leadership, the FTC will take a less aggressive approach to...more

FTC Reaffirms that IoT Devices Must Comply with COPPA

The Internet of Things (“IoT”) can be thought of as a group of different devices that can communicate with each other, perhaps over a network such as the internet. We have written extensively about many of the privacy...more

Russia Introduces New Definition and Obligations for Audiovisual Service Owners

by Latham & Watkins LLP on

The Federal Law No. 87-FZ of May 1, 2017, on Amendments to the Federal Law on Information, Information Technologies, and Information Protection (the Law) came into force on July 1, 2017. The Law introduces the definition of...more

The Turn of the “Made in America” Claim Enforcement

It has recently been reported by Reuters that President Donald Trump is looking for ways to defend American-made products by certifying legitimate U.S. goods and aggressively going after imported products unfairly sporting...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

FTC Warns 11 Companies Over Made in USA Claims

by Reed Smith on

It seems to be another star-spangled banner year for the Federal Trade Commission (“FTC”) and its crackdown on certain “Made in USA” claims. In 2016, the FTC cited 29 companies for their misleading “Made in USA” claims. With...more

Celebrity Influencers Continue to Flout FTC Disclosure Rules

by BakerHostetler on

A recent investigation by Public Citizen identifies more than 40 influencers who ignored recent compliance requests - Last fall, national advocacy group Public Citizen sent a report to the Federal Trade Commission alleging...more

A Deeper Dive Into the FTC Crack-Down on Social Media Influencers: What You Should Know Before You Post

In our previous blog post, “Brands Beware!!! FTC Scrutinizing Influencer Posts for Compliance with Endorsement Guides,” we reported that the Federal Trade Commission (“FTC”) had issued more than 90 letters to brands and...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

DraftKings and FanDuel Call Off Merger Following FTC Intervention

On July 13, 2017, daily fantasy sports providers DraftKings and FanDuel announced their decision to call off their proposed merger. Last month, the United States District Court for the District of Columbia issued a temporary...more

OTA & Travel Distribution Update - July 7th, 2017

by Garvey Schubert Barer on

CMA Seeks to Educate UK Hoteliers [PARITY] - ("Competition watchdog urges hotels to take advantage of demise of price parity," The Caterer - Latest Hospitality News, July 5, 2017) - If you recall, one of the key...more

Fintech Firm Shut Down and Fined by the FTC

by Carlton Fields on

A financial technology firm and its CEO have agreed to pay $104 million to resolve the FTC’s allegation that they misled consumers into providing sensitive personal and financial information, which was later sold without...more

(Connected) Toy Story: The FTC Updates the COPPA Compliance Plan

by Davis Wright Tremaine LLP on

The Federal Trade Commission (“FTC”) recently issued an updated “Six-Step Compliance Plan for Businesses” (“Compliance Plan”) for entities subject to the Federal Children’s Online Privacy Protection Act (“COPPA”), 15 U.S.C....more

Ofcom places restrictions on allocation of spectrum to EE/BT in forthcoming 4G/5G mobile spectrum auction to preserve competition

by Bryan Cave on

On 11 July 2017, Ofcom, the UK Communications regulator, issued a statement relating to the forthcoming mobile spectrum auction for 2.3 and 3.4 GHz bands. The auction is to make available additional spectrum to facilitate the...more

Moving Beyond #Ad: Instagram Unveils New Tool for Disclosing Endorsements

by Hogan Lovells on

Instagram recently rolled out a new feature to a select group of its users who use the social media platform for promotional purposes. This tool allows influential users to add a new subheading to posts that reads “Paid...more

SDNY Brushes Away Presumption Against Preemption and Stays Class Action Via Primary Jurisdiction

by Reed Smith on

We depend on young associates to perform most of the legal research that supports the arguments we make on behalf of our clients. By and large, those associates do an excellent job. On those rare occasions when we find...more

FTC Temporarily Halts Proposed DraftKings-FanDuel Merger

On June 20, 2017, the United States District Court for the District of Columbia issued a temporary restraining order blocking the daily fantasy sports (DFS) companies DraftKings and FanDuel from consummating their proposed...more

OTA & Travel Distribution Update - June 30th, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending June 30, 2017 is below. A mix of stories in this week’s update. Airbnb Continues Its March Toward Mainstream Lodging (SHORT-TERM RENTALS) ("Airbnb signs...more

Qualcomm Loses Bid to Dismiss FTC’s Chip Monopoly Suit

Last Monday, the court denied Qualcomm, Inc.’s motion to dismiss the Federal Trade Commission’s suit against it for allegedly using anticompetitive tactics to maintain a monopoly in baseband modem chips for cell phones. ...more

India – Antitrust Law Update

by Miles & Stockbridge P.C. on

In 2009, the Indian government implemented provisions under the Competition Act of 2002 for prohibition of anti-competitive agreements and abuse of dominant positions in India. More recently, antitrust litigation has...more

FTC Seeks Comment on Federal Email Law

by Klein Moynihan Turco LLP on

The Federal Trade Commission (“FTC”) recently announced a reform initiative aimed at eliciting comments from the general public on a host of federal regulations, including the landmark federal email law, Controlling the...more

Regulatory interest continues around hotel prices

by Bryan Cave on

European and national competition regulator interest in hotel prices and price parity clauses continues. On 5 July 2017, the UK Competition and Markets Authority (CMA) published a one page memo, intended to educate hotels on...more

#Clear and #Conspicuous Paid Partnerships: Instagram Lends Helpful Technology Hand

It is often considered difficult for endorsers to make appropriate disclosures of their paid partnership with a brand within the confines of social media. Instagram has announced it will try to help make disclosures around...more

FTC Updates COPPA Guidance

by Ballard Spahr LLP on

The Federal Trade Commission (“FTC”) released an updated version of its guidance on complying with the Children’s Online Privacy Protection Act (“COPPA”) on June 21, 2017. Companies that collect personal information from...more

Competition Law Review 2017

TOP STORIES - Mediation works - Parkland Fuel Corp. reached a mediated consent agreement (the first of its kind) with the Competition Bureau to remedy concerns raised by its acquisition of Pioneer Energy. Parkland...more

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