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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:

#Trending: The FTC has stepped up regulatory investigations on social media. Is your company in compliance?

by Hogan Lovells on

Facebook, Instagram, YouTube, and other social media platforms have become the format of choice for many companies that want to advertise their products and services. At the same time, the U.S. Federal Trade Commission (FTC)...more

Harnessing hidden advertising: Pitfalls of engaging consumers on social media

by DLA Piper on

In the May 2017 special edition of Law à la Mode (Issue 23), we set out five tips for navigating native advertising with a view to FTC compliance under US law. In this edition, we reconsider the issue from the angle of EU...more

Relationship between data protection and competition laws - German Federal Cartel Office objects to Facebook’s collection of user...

by Dentons on

Data-related businesses occupy an increasingly important role in the modern economy. During the past decade, companies such as Facebook, Amazon, Alibaba and Google/Alphabet have sprung up and become veritable giants by...more

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by BakerHostetler on

NARB to Unilever: Comparison Ad Requires Scrubbing - Bath & Body Works owner: ‘Cross-platform body wash campaign stinks!’ The Reveal - It’s a sunny, happy commercial – a bit of a throwback to the “blind taste test”...more

Online Retailers Support Challenges to Repeal of Net Neutrality Rules

by Bryan Cave on

In response to the Federal Communications Commission’s vote yesterday to dismantle the net neutrality rules regulating businesses that connect consumers to the internet, online retailers have responded that they will support...more

Online Sales Restrictions Are a Luxury - European Court Clarifies Prohibition of Third Party Platform Sales for Luxury Goods

by Morrison & Foerster LLP on

On 6 December 2017, the European Court of Justice (ECJ) issued its judgment on online platform sales bans for luxury goods in selective distribution systems in Coty (C-230/16). The ECJ ruled that luxury goods manufacturers...more

Selective distribution and online sales: complying with EU competition law after the Coty judgment

by Hogan Lovells on

The Court of Justice of the European Union recently issued a landmark judgment that will affect distribution and online sales in particular in the consumer goods and digital sectors....more

The Coty Case – The CJEU rules in favour of selective distribution networks against third-party online platforms

by Dentons on

In the long-awaited Coty ruling, the Court of Justice of the European Union has confirmed that luxury brands may restrict distributors in a selective distribution network from selling their goods through third-party online...more

Suppliers of luxury goods can prohibit their selective distributors from selling these products via third-party online platforms

by White & Case LLP on

The European Court of Justice held in Coty that a manufacturer operating a lawful selective distribution system for luxury goods is allowed to prohibit its authorised distributors from selling those goods on third-party...more

Coty Case: Luxury Brands Can Restrict Online Sale via Marketplaces Such as Amazon

by Shearman & Sterling LLP on

On 6 December 2017, the European Court of Justice (“the Court”) handed down its preliminary ruling in the Coty case confirming that a manufacturer operating a selective distribution system of luxury goods is allowed to...more

Court Bends Every Procedural Rule to Grant Dismissal to Kohl’s in “Opt-Out Evader” TCPA Text Suit –Blesses Contractual Revocation...

by Dorsey & Whitney LLP on

One of the most annoying inhabitants of TCPA land is the Opt-Out Evader. This fellow or lady tries to set up TCPA lawsuits by texting phrases s/he knows will not be recognized by text service providers. Rather than simply...more

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by BakerHostetler on

Once completely obscure, fidget spinners are now a thing. Meaning that their existence, if not their actual purpose, has become known to you. Dubbed by The New York Times “a Hula Hoop for Generation Z,” the fidget spinner...more

OTA & Travel Distribution Update - Nov. 17th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update is below and features stories on both traditional OTAs and short-term rentals. Enjoy....more

FTC Announces $1.3 Million Settlement in Negative Option Case

by Kelley Drye & Warren LLP on

Last week, the FTC announced that an online lingerie company had agreed to return more than $1.3 million to customers who enrolled in a negative-option membership program offering discounts and other benefits....more

Navigating Disruptive Climates Hosted by Washington Hospitality Association

by Garvey Schubert Barer on

Navigating Disruptive Climates, hosted by Washington Hospitality Association, was held on October 22-24, 2017 at the Tulalip Resort Casino in Tulalip, Washington. My presentation at the conference, "The War Rages: Hotels vs....more

ACCC Releases Media Merger Guidelines

by Jones Day on

The Situation: The Australian Competition and Consumer Commission ("ACCC") has released new guidelines on mergers in the media industry. Looking Ahead: The new guidelines provide some—but not sufficient—clarification on...more

Dutch Court Affirms Ban on Nonauthorized Online Resellers

by Jones Day on

The Ruling: On October 4, 2017, the Amsterdam District Court upheld Nike's ban on authorized distributors selling Nike products on the online platforms of unauthorized resellers. The Result: Under this Dutch ruling, a...more

6th Circuit Allows Amended Complaint Against Developer for Telecommunications Services Tying Claim

by Mintz Levin on

Residents of a small Nashville suburb, Thompson’s Station, were given a second opportunity to litigate their antitrust actions against local developer Carbine & Associates, LLC (“Carbine”), Crystal Clear Communications...more

OTA & Travel Distribution Update - Oct. 27th, 2017

by Garvey Schubert Barer on

This week’s OTA & Travel Distribution Update for the week ending October 27, 2017 is below. This week's Update includes a number of substantive stories on OTAs, particularly, European authorities’ renewed interest in OTAs’...more

EU Retail News - October 2017

by Bryan Cave on

One of the biggest threats to a retailer's reputation is an allegation of involvement in slavery, human trafficking, or child labour. Retailers are now expected to be more transparent than ever, with the Modern Slavery Act...more

FTC Provides Additional Guidance on COPPA Policy for Voice Recordings

The Federal Trade Commission (FTC) clarified in recent guidance how the Children’s Online Privacy Protection Act (COPPA) applies to internet-connected device companies and other businesses that collect and use children’s...more

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

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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

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