News & Analysis as of

Customer-Loyalty Programs

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

by Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

Antitrust Alert: European Court Of Justice Publishes Long-Awaited Judgment In The Intel Case

by Jones Day on

September 2017 What happened? Last week the European Court of Justice ("ECJ") set aside a General Court ruling that had upheld a €1.06 billion fine imposed by the European Commission on Intel for abusing its dominant position...more

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

EU Court Orders New Assessment of Intel's Rebates

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has quashed a ruling by the EU’s General Court which had upheld the European Commission’s (EC) 2009 finding of abuse of dominance by Intel Corporation Inc. Intel was fined...more

New era dawning in EU competition law? CJEU endorses an effects-based assessment of rebates and sets aside lower court’s judgment...

by White & Case LLP on

Intel and the effects-based approach in EU competition law - On 6 September 2017, the Court of Justice of the European Union ("CJEU" or "Court") essentially held in Intel1 that the European Commission ("Commission") cannot...more

International News: Focus on Health Care - Fall 2017

by McDermott Will & Emery on

Nationalism and Cross-Border M&A: Navigating Populist Politics in Deal Making - More than half of the G20 countries voted-in campaigns that focused on harming foreign, outside interests as a means to strengthen domestic...more

The Gig Economy Can Also Satisfy Your Late-Night Cravings

by Fisher Phillips on

Late one night, you request a Lyft ride home, but at the same time, you suddenly develop a craving for a delicious Crunchwrap Supreme. What do you do? Fret not: Lyft is testing a new ride-sharing experience that is certain to...more

Privacy Perils: The Price of Consumer Loyalty

by Bass, Berry & Sims PLC on

People love a good discount, which is why almost 75% of adult Americans are signed up for at least one customer loyalty program. We love to rack up points with airlines for a seat upgrade, get a free Starbucks latte on our...more

Loyalty-Discount Programs and the Antitrust Laws

by Polsinelli on

Loyalty discounts are price reductions by a supplier in return for a customer’s commitment to purchase a certain percentage of its requirements from the supplier. Sellers also sometimes discount their prices if a customer...more

OTA & Travel Distribution Update - July 14th, 2017

by Garvey Schubert Barer on

A number of updated and new stories in this week’s OTA & Travel Distribution Update for the week ending July 14, 2017. We hope you enjoy. Expedia’s MeetingMarket Now Speaks English [OTA/GROUP] ("Expedia extends...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

CFPB proposes further changes to the Prepaid Account Rule in response to industry feedback

by Ballard Spahr LLP on

As we previewed earlier this year, the CFPB, on June 15, proposed substantive changes to the Prepaid Final Rule (the “Rule”). The proposed changes are generally positive for prepaid providers and incorporate feedback and...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

There's an App for That: Franchisors Fight Slumping Sales, Millenials

by Lewitt Hackman on

How has the gourmet burger gone awry? According to Fox, the better burger business dropped five percent in foot traffic at quick-serve restaurants last year, primarily because consumers are opting to “DIY” their food at home....more

The Changing State of Retail: Creating More Instagrammable Moments

by Robins Kaplan LLP on

If you’ve read any headlines lately about the state of retail, you’ve likely noticed that headwinds are leading to downsizing and debt restructuring. Yet, studies show that consumer confidence is high, and overall retail...more

OTA & Travel Distribution Update - May 19th, 2017

by Garvey Schubert Barer on

Our weekly OTA & Travel Distribution Update for the week ending May 21, 2017 is below. Nothing earth shattering this week... Accor Launches Dynamic Packaging [DIRECT BOOKING]. Joining the ranks of Marriott and other...more

OTA & Travel Distribution Update - April 28th, 2017

by Garvey Schubert Barer on

This week’s OTA & Distribution Update for the week ending April 28, 2017 is below. Loyalty program updates feature prominently in this week’s Update as well as story on some important changes at Airbnb to lure corporate...more

OTA & Travel Distribution Update - March 26th, 2017

by Garvey Schubert Barer on

This week’s Update for the week of March 26, 2017 is below: Airbnb cracks down on San Francisco hosts, booting out hundreds - Revitalization Partners, Mar 24, 2017 - Home-sharing company Airbnb says it has evicted...more

OTA & Travel Distribution Update - March 17th, 2017

by Garvey Schubert Barer on

With my bracket totally blown by Villanova’s loss this afternoon, there is no time like the present to prepare this week’s OTA & Travel Distribution Update. This week’s Update features stories for everyone. Discounted...more

OTA & Travel Distribution Update - March 3rd, 2017

by Garvey Schubert Barer on

La Quinta Expands Loyalty Program [OTA]. La Quinta is the latest chain to announce significant revisions to its loyalty program (La Quinta Returns). Similar to the recently announced changes by Hilton to its Hilton Honors, La...more

OTA & Travel Distribution Update - Feb. 10th, 2017

by Garvey Schubert Barer on

This week’s client OTA & Distribution Update for the week ending February 10, 2017 is below. A few more stories in this week’s update in comparison to the last few weeks of update. Plus, given the increasing importance of...more

Using loyalty programs as a promotional strategy in Colombia

by Dentons on

The Superintendency of Industry and Commerce (SIC) recently defined the rules applicable to loyalty programs in Colombia. Loyalty programs that attract consumers to products or services by providing benefits, such as...more

OTA & Travel Distribution Update – Dec. 30th, 2016

by Garvey Schubert Barer on

My final client OTA & Travel Distribution Update for 2016 is below. It has been a quite week in the world of distribution. Here’s to a 2017 filled with much success and happiness. Happy New Year....more

Understanding Change Triggers

by Timothy Corcoran on

In the Biglaw legal marketplace, it’s taken as gospel that loyalty is dead. Corporate clients that once retained the same law firms over a multi-year period may now issue RFPs and shift the work to lower-priced firms....more

Autozone Sued Over Its Loyalty Program

by Reed Smith on

Late last week, a class action lawsuit was filed in California state court against AutoZone. The case was filed pursuant to AutoZone’s rewards program. According to the complaint, AutoZone’s loyalty program provides...more

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