EU & Competition Law Update – August 2016

EU: Regulatory Scrutiny of Online Hotel Booking Continues

Germany: A Right in Germany to Sell Through Online Marketplaces?

Italy: Italian Public Transport Under Scrutiny Again

Germany: Merger control: Higher Regional Court of Düsseldorf suspends Ministerial Authorization for takeover of Kaiser Tengelmann’s by EDEKA

France: Will the third time be the charm? TDF is fined again by the French Competition Authority

Italy: Italian Competition Authority imposes severe sanctions into the vending services sector

Germany: Restriction of online payment services by German banking industry in violation of competition law

EU: Regulatory Scrutiny of Online Hotel Booking Continues

The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As part of a joint monitoring project with the European Commission, this project has also been launched by several competition agencies in the EU. The purpose of the project is to study how changes to hotel room pricing policies and a variety of other investigations have affected the online hotel booking sector.

In July 2015, online travel agents Expedia and adjusted their terms and conditions to remove certain price parity (also known as most-favoured nation requirements) which prevented some hotels from offering cheaper room rates on competing online travel agents websites than what was currently being offered on Expedia and

The questionnaires that have been distributed, use a common approach across ten countries in to perform an assessment on how that change in the terms and conditions set out by these companies, together with other recent developments including a number of inquiries across Europe, have affected the market.

In September last year, the CMA made an announcement of its decision to end its investigations into pricing restrictions in hotel online booking due to administrative priority, but claimed it would not halt the monitoring of pricing practises of online travel agents. However, similar investigations were launched by numerous competition authorities in relation to’s and/or Expedia’s price parity restrictions. This was seen in April 2015 when the French, Italian and Swedish competition authorities accepted commitments offered by to adjust their price, availability and booking conditions with respect to other online travel agencies and certain other sales channels.

Other hotels within the UK who have not been directly contacted by the CMA are more than welcome to participate in the questionnaire. The deadline for this submission is the 8 August 2016, where the work on this project is expected to be completed by the end of the year, when it will finally conclude if the CMA and other agencies need to take further action.

The Senior Director for CMA, Ann Pope stated:

“Consumer benefit from lower prices and better service in a truly competitive market in which hotels and online travel agents compete for their business.

The CMA is aware of concerns raised by a number of hotels about how this market is operating. This project is part of the CMA’s ongoing commitment to watch this market closely in order to ensure that consumers are benefitting from effective competition and we welcome responses to this survey, so that we can see how the market is developing in the light of recent changed”.

Germany: A Right in Germany to Sell Through Online Marketplaces?

On 18 July 2016, Germany moved another step closer to enshrining a right for distributors in selective distribution systems to sell over online marketplaces. This is not sudden move by the German courts, in fact we have reported similar stories in May 2014 and September 2014.

The current matter is a request from a German Court for a preliminary ruling by the European Court of Justice ("ECJ"). The court asked several questions relating to the interpretation of Article 101 of the Treaty on the Functioning of the European Union (“TFEU”) and its compatibility with bans on online marketplace sales. These questions were:

  • Are luxury brands eligible to use a selective distribution system solely on the grounds of protecting their luxury image?
  • Is a general ban on online marketplaces lawful, even if the marketplaces meet the criteria of the selective distribution system?
  • Whether a ban on the use of these platforms constitutes a restriction by object by reason of it being a restriction of active or passive sales to end users or being a restriction of customer group?

The prevailing view in the German case law is that an absolute ban on the use of these marketplaces has as its object the restriction of competition. Instead, if suppliers wished to prevent such sales, they would have to prove that the online marketplace did not meet the quality standards asked of other retailers in the selective distribution system.

Whilst the position in Germany is defendable, it almost directly contradicts EU law in the form of paragraph 54 of the Vertical Restraints Guidelines (OJ 2010 C130/1) which had been used for years (and still is throughout the EU) as a basis for legitimate bans on online marketplaces. Paragraph 54 states:

“where the distributor’s website is hosted by a third party platform, the supplier may require that customers do not visit the distributor’s website through a site carrying the name or logo of the third party platform”

So whilst luxury retailers in Germany may be emailing their lawyers each time one of these cases goes public, where does the German position leave the rest of the EU? Is this the end of high priced luxury retailing as intense online price competition pulls prices sharply down? Will £1000 handbags suddenly be found for £500 after a quick internet search? Will this author soon be sashaying around, draped in the finest designer clothes, bought at a snip online?

The answer to these questions is of course no. Retailers have many tools at their disposal to ensure goods are only sold through outlets which match their image and at prices online with their expectations. Some methods rely on other provisions in EU legislation, even in Germany there is the concession that some bans and stipulations by retailers are proportionate to maintain brand image. Other methods to protect image are simply commercial such as retailers selling to their distributors at a higher price, helping insure in turn that the distributor doesn’t make sweeping price cuts to the end user.

What is more likely in the long term is that perhaps the German judgments will cause a trickle-down effect throughout the EU, as retailers start adjusting their distribution agreements to ‘justify’ any ban on online marketplace sales. Indeed many would be well placed to start this process now, before the German position becomes the general ECJ position.

At the time of writing, the ECJ has not replied to the German court’s questions.

Case C-230/16 – Coty Germany GmbH v Parfümerie Akzente GmbH (OJ 2016 C 260/21).

Italy: Italian Public Transport Under Scrutiny Again

On 23 June 2016, the Italian Competition Authority (the “ICA”) opened an in-depth investigation into Busitalia Veneto S.p.A., APS Holding S.p.A. and Busitalia Sita Nord S.r.l (the “Accused Companies”), three Italian companies providing services in the public transport sector.

The ICA with the assistance of the Italian Financial Police allege that the conduct of the Accused Companies amounts to an abuse of dominance in contravention of Article 102 of the Treaty on the Functioning of the European Union (“TFEU”).

In particular, the ICA stated that the Accused Companies, which enjoy a dominant market position, delayed the forwarding of data and information needed by the competent Governmental Authority (“Ente di Governo del Bacino di Trasporto Pubblico Locale di Padova”) to make public calls for tenders; the same services carried out by the Accused Companies.

Further, the ICA decided to issue an interim measure, ordering the Accused Companies to immediately provide the mentioned data and information to the competent Authority in order to permit the Authority to assign the services by tenders in the meantime. 

The alleged wrongdoing has yet to be proven at this stage and the investigation continues. However, the ICA has opined that such conduct, if proven, would amount to an infringement of Article 102 TFEU on the grounds that it would adversely affect trade within the EU.

Germany: Merger control: Higher Regional Court of Düsseldorf suspends Ministerial Authorization for takeover of Kaiser Tengelmann’s by EDEKA

On July 12th 2016, the Higher Regional Court of Düsseldorf by way of temporary injunction suspended the Ministerial Authorisation for the takeover of Kaiser’s Tengelmann by EDEKA, and thereby stopped the merger-proceedings between the two supermarket chains.

EDEKA, Germany’s biggest food retailing company since 2006, received a severe blow in its latest attempt to acquire its competitor Kaiser’s Tengelmann. The previous attempt in 2015 saw the German Federal Cartel Office (FCO, Bundeskartellamt) ban the takeover after it had come to the conclusion that the takeover would create a dominant position for EDEKA in certain market segments.

Although the monopoly commission of the German government argued in favour of the decision of the FCO, in March 2016 German Minister for Economic Affairs Sigmar Gabriel overruled the decision under Sec. 42 German Competition Act by ways of Ministerial Authorisation. This sporadically used instrument (only 9 Ministerial Authorizations were granted since 1973), enabled the minister to allow the amalgamation of the two companies subject to conditions. The result of the conditions imposed on the takeover would secure 16,000 jobs at Kaiser’s Tengelmann and therefore the market-concentration was justified by an overriding public interest.

With its ruling, the Higher Regional Court of Düsseldorf found the Ministerial Authorisation to be unlawful in several ways.

The Court argued that Minister Gabriel was not allowed to grant the authorisation due to his behavior during the takeover-negotiations which gave rise to a suspicion of bias and a lack of neutrality. In the decisive period of the negotiations, Minister Gabriel had taken part in two conversations with the CEO of EDEKA and a co-owner of Kaiser’s Tengelmann. Neither of the contents of these meetings were put on record, nor were the other parties to the proceeding, such as the EDEKA-competitor REWE, included in the negotiations. The Court argued that the procedure was therefore not fair, transparent or objective approval.

Furthermore, the Minister Gabriel’s projections regarding the preservation of 16,000 jobs appear to be built on an insufficient factual basis. The Court found it was doubtful whether the ancillary provisions to the Ministerial Authorisation were fit to preserve the jobs at Kaiser’s Tengelmann to the notified amount and duration. However, the considerations of Minister Gabriel did not sufficiently take into account how far the ancillary provisions regarding the employment situation at Kaiser’s Tengelmann would be compensated by staff reductions at EDEKA as acquiring entity. Without such considerations, the decision did not take into account all relevant aspects and therefore did not meet the legal requirements of German Competition Law. Finally, as a result of Art. 9 of the German Constitution (Grundgesetz), the preservation of the worker’s collective rights did not constitute an overriding public interest.

The ruling of the Higher Regional Court not only means a major setback for the efforts of EDEKA to aquire Kaiser’s Tengelmann, it also has a profound impact on the political reputation of the Minister of Economic Affairs. It is unsurprising that EDEKA, as well as Minister Gabriel, have decided to appeal the Court’s decision.

France: Will the third time be the charm? TDF is fined again by the French Competition Authority

Authors: Kathie Claret and Raphael Roditi

On 6 June 2016, the French broadcasting company TDF was fined 20.6 million euros by the French Competition Authority (“FCA”) for two abuses of a dominant position.

This is not the first time the FCA has censured TDF’s anticompetitive conduct: in 1999, and again in 2015 (see our article “Towering Abuse”), the firm was handed a fine for exclusionary conduct. Once again, the FCA tried to make sure TDF understood the gravity of its actions: the amount of the fine was increased by 20% to sanction the reiteration of the unlawful behaviour. An appeal before the Paris Court of Appeals has since been lodged, as in 2015.

This particular case harks back to 2009: TDF, although no longer a state-owned company since 2004, still held a dominant position on the Hertzian broadcasting market, and had a very good reputation with local authorities. When digital terrestrial television (“DTT”) was introduced in France in 2009, this was a unique opportunity for its competitors to finally gain some of the new market shares. Howver, TDF set up two anticompetitive mechanisms which made sure they did not.

First, the firm adopted a disparaging conduct, and used its good relations with local authorities to dissuade them from allowing competitors to set up their own pylon sites to broadcast. In order to do so, they alleged the existence of a radio disturbance risk, should more pylons be built. The mayors, to ensure that their constituents remained able to watch TV, preferred to follow TDF’s instructions, even though the firm no longer had the authority to give any.

The second practice sanctioned by the FCA resulted from the loyalty rebates offered to channel providers (grouped into multiplexes), to reward their choosing TDF as a broadcasting service supplier. The rebates increased with the number of locations within the same zone, and encouraged channel providers to prefer TDF over the other suppliers, thus evicting the latter from the market.

The FCA rejected, in particular, the following defense of TDF: in an effort to lower the amount of the fine, the firm claimed to be a single-product company, as it specialised in the broadcasting sector only. To that, the FCA replied that the concept of “single-product company” could not be applied in such a broad manner, to do so would defeat its purpose, which the FCA reminded is to make sure that when the usual method places the amount of the fine too close to that of the revenue of the firm, that amount can be lowered so as not to push the company toward bankruptcy. This method should therefore not be used to apply to the type of activity a firm specialises in, but rather be considered as a tool to adapt the amount of the fine when it is disproportionate.

It should also be noted that the context of the repeated anticompetitive practices was highlighted as an aggravating factor by the FCA. Indeed, the consequences of the disparaging practices and to a lesser extent of the rebates, were all the more dire as they impeded competitors from entering the market at a time when the introduction of the DTT could have been a springboard for their development. The amount of the fine, more than 20 million euros, attests to that.

Italy: Italian Competition Authority imposes severe sanctions into the vending services sector

As mentioned in our previous articles, on 8 June 2016, the Italian Competition Authority (the “ICA”) closed an investigation into sixteen companies (the “Companies”), and their Association (“Associazione Italiana Distribuzione Automatica”), providing vending services for alleged infringements of Article 101 TFEU, the prohibition of anti-competitive agreements.

The investigation stemmed from an anonymous complainant referring to two telephone conversations. The conversations allegedly showed the existence of an agreement among the Companies under which the clients “belonging” to one Company cannot receive services or products by another Company.

The ICA held that the Companies tried to avoid entering into competition with each other and found that the Companies had decided to illegally assign customers amongst them. Through this strategy, the Companies caused damage to customers, such as the complainant, in terms of far lower costs which they would have borne by competing.

Further, the ICA found that the alleged anti-competitive agreement can also affect the intra-Community market as the agreement included the most important Italian undertakings active in the vending services-- which is an important part of the European Union market.

In light of the above, the ICA fined the Companies along with their Association € 100,750,030 collectively.

Germany: Restriction of online payment services by German banking industry in violation of competition law

The Bundeskartellamt has ruled that the restrictions within the online banking guidelines of the German Banking Industry Committee (Deutsche Kreditwirtschaft) are illegal. The online banking conditions have been declared as violating both German and European competition law, as they inhibit competition between the various providers of payment services found on the internet.

For years, the German Banking Industry Committee and its affiliated associations (National Association of German Cooperative Banks, German Savings Bank Association and the Association of German Banks) have used the same General Terms and Conditions that have been decided by the members of the Committee, while their use is recommended by the banking associations to be used by their members.

These rules include “Special Conditions for Online Banking” that have been found by the Bundeskartellamt’s investigation to restrict the online banking customers’ ability to use non-bank payment services. The principal problem with the German Banking Industry Committee’s rules are that consumers are unable to use their PINs (personal identification numbers) and TANs (transactional authentication numbers) in non-bank payment systems, therefore prohibiting third party access. The authority declared that the wider use of PINs and TANs would not compromise the banking industry’s security in online banking and their current rules prevent the wider use of non-bank competitors.

These rules have significantly prevented the ability of consumers to use innovative and non-bank payment solutions instead of those that are provided by the banks themselves. The payment solutions have responded to the need to provide lower-priced and faster alternatives to pre-existing payment services that are already established in the market.

Despite declaring the online banking rules illegal, the Bundeskartellamt have limited their intervention to just the ruling and, at the request of the associations involved, have suspended the imposing of its declaration. This means that the relevant parties are not subjected to an immediate enforcement of the decision and tight deadlines, however their actions are clearly limited under competition law and therefore they must comply.

Rules for the providers of non-bank payment solutions are currently going through a process of European legislation reform. The European Payment Services Directive (PSD), incorporating the sector of online payments, was amended in 2015 and is due to be incorporated into national law in 2018. Its implementation will provide a standard legal framework as well as standard technical regulation standards on which to judge the performance of online payment solutions.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bryan Cave Leighton Paisner | Attorney Advertising

Written by:

Bryan Cave Leighton Paisner

Bryan Cave Leighton Paisner on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.