EU Competition Newsletter - December 2016

by Bryan Cave Leighton Paisner
Contact

Single Market Withdrawal: A New Challenge to BREXIT for the UK Government

The CMA Obtains Its First Disqualification Undertaking from a Director for Competition Law Infringement

Everything But the Kitchen Sink: Leading French Kitchen Installer Fined

German Dairy Sector Due for a Shake Up?

Your Number’s Up: Italian Competition Authority Investigates Alleged Abuse of Dominance in Telecommunications Sector

The Italian Competition Authority Whips into Shape the Fashion Sector


Single Market Withdrawal: A New Challenge to Brexit for the UK Government

Should Parliament have a say over whether Britain could remain in the European Economic Area?

Introduction

The UK Government faces yet another challenge over its determination to take the UK out of the EU and the EEA Single Market without Parliamentary approval which could further complicate Brexit.

The British people on 23rd June 2016 confirmed through the EU referendum result they wanted to leave the European Union. However the big question the EU referendum result did not address was what trading arrangement with our European neighbours should we put in its place. This latest challenge, if successful, is particularly awkward for the UK Government because it gives Parliament an opportunity to vote on whether to stay in the Single Market – an issue the UK Government has been desperate to avoid.

Background

British Influence (“BI”) a Think Tank organisation, which strongly advocates the UK staying within the Single Market, has written to David Davis, the Secretary of State for Exiting the EU to contend that the UK Government has to seek Parliamentary approval to leave the European Economic Area Agreement, an agreement to extend the scope of the EU Single Market to non- EU members, Norway Iceland and Liechtenstein and made between those states and the countries of the European Union. In default of the UK Government agreeing to its demands BI has threatened to seek judicial review of the Government’s position before the Courts.

They argue a further vote is needed, in addition to seeking the approval of Parliament to issue an Article 50 notice triggering EU withdrawal, which is already the subject of a high profile case before the UK Supreme Court set to be heard in early December.

The EEA Case

This latest example of “legal constitutional gymnastics” which have recently been pre-occupying the UK Courts, is based on the premise that Britain will remain a member of the EEA after leaving the EU. BI contends that as the UK entered into the EEA Agreement as an individual Contracting Party in 1993, and not under the auspices of the EU, the UK Government has to give separate notice to withdraw from the EEA pursuant to Article 127 EEA.

Article 127 of the EEA Agreement states:

“Each Contracting Party may withdraw from this agreement provided it gives at least twelve months’ notice in writing to the other Contracting Parties.

Immediately after the notification of the intended withdrawal, the other Contracting Parties shall convene a diplomatic conference in order to envisage the necessary modifications to bring to the Agreement.”

Given that Article 127 gives an express mechanism for withdrawal, it implies the exclusion of other mechanisms for withdrawal such as leaving the EU.

Similar to the successful arguments advanced before the English High Court in the R(Miller) v. Secretary of State For Exiting the European Union, BI strongly believe that the UK Government cannot use the prerogative to issue an Article 127 notice and must seek legislative approval of Parliament to withdraw from the EEA Agreement. This would give MPs a specific vote on whether to leave the Single Market – something the Government is anxious at all costs to avoid.

The Article 127 argument appears on its face to be “clutching at straws” It is an attempt to produce a result which sits very uncomfortably with the wording of the rest of the EEA Agreement. There are fundamental difficulties with the concept that the UK can stay in the EEA Agreement having withdrawn from the European Union.

While there are indications that an EFTA Member State can be a member of the EEA without becoming a member of the EU (see Article 128 EEA) it does not follow that a member who has been an EU Member but withdrawn can stay an EFTA member on the current terms.

An example of this is Article 126(1)EEA. This states that the territorial scope of the EEA Agreement is limited to territories to which the EU treaties apply plus Norway, Liechtenstein and Iceland. Therefore if the UK withdraws from the EU but stays party to the EEA Agreement it could find itself in the paradoxical situation of being party to an international trade treaty which does not cover the UK.

So in this context the way the EEA Treaty is drafted leads to a number of nonsensical interpretations. Therefore if there remains some uncertainty about the interpretation, operation or meaning of the EEA Agreement it is likely that any Court seized of the matter would feel compelled to refer the matter to the Court of Justice of the EU in Luxembourg for a preliminary reference on a point of law.

The UK Government conversely argues that if you withdraw from the EU you withdraw automatically from the EEA. It elaborates upon its stance by arguing that to be an EEA member, each state has either to be an EU member or an EFTA member. Non-EU countries had created the European Free Trade Association to promote economic and trade links. Current member are Norway, Liechtenstein, Switzerland, and Iceland. UK was a founding member of this organisation but left to join the EU in 1973.

Significance

So what is the significance of all this? Surely if BI succeed it will only complicate and delay the Brexit process and will not derail it?

Dependent upon the outcome of UK Supreme Court case Parliamentarians are likely to have vote on whether to approve the triggering of Article 50. It is highly likely that they will feel duty bound to respect the result of the June referendum to leave the EU.

However if there is a separate vote on the giving of an Article 127 notice to leave the EEA the result is more difficult to call as the merits are much more nuanced. The big question the EU referendum result did not address was; what trading arrangement with our European neighbours should we put in its place? Many Members of Parliament feel they should have a vote on this. 
Voting to stay in the EEA Single Market would not be undermining the UK referendum result but merely a clarification of the terms of leaving the EU.

The CMA Obtains Its First Disqualification Undertaking from a Director for Competition Law Infringement

Businesses that breach competition law can face serious financial and reputational consequences. Certain serious breaches of competition law may also put individuals at risk of criminal prosecution. In addition, the CMA may apply to Court for a director disqualification order against directors of a companies engaged in anti-competitive behaviour.

For the first time, the CMA sought to use its power under the Company Directors Disqualification Act 1986. On 1st December 2016, Daniel Aston, managing director of the online poster supplier Trod Ltd, gave a disqualification undertaking to the CMA not to act as a director of any UK company for 5 years.

The disqualification follows the CMA’s decision of 12 August 2016 that Trod breached competition law by agreeing with GB eye Ltd (trading as ‘GB Posters’) one of its competing online sellers that they would not undercut each other’s prices for posters and frames sold on Amazon’s UK website. Both parties used automated re-pricing software to establish the cartel. Trod, based in Birmingham, and GB eye, based in Sheffield, sold licensed sport and entertainment merchandise and related products.

The arrangement applied to posters and frames sold by both parties on online market places from 24 March 2011 (at the latest) to 1 July 2015 (at the earliest). GB eye reported the cartel to the Competition and Markets Authority (CMA) under the CMA’s leniency policy. Accordingly, it will not be fined providing it continues to cooperate and complies with the conditions of the leniency policy. The £163,371 penalty imposed on Trod (in administration) included a 20 per cent discount for Trod’s admission and cooperation with the CMA investigation.

As Daniel Aston was the managing director of Trod at the relevant time and because he personally contributed to the breach of competition law, the CMA considered that he was unfit to be a company director for a specified period.

The Competition and Markets Authority (CMA) may, under the Company Directors Disqualification Act 1986, seek the disqualification of an individual, either by court order or accept legally binding undertaking, from holding company directorships or performing certain roles in relation to a company for up to 15 years, where that individual has been director of a company which has breached competition law.

Undertakings can agree to give an undertaking not to act as a company director to avoid a Court hearing. A disqualification undertaking has the same legal effect as a disqualification order. The Company Directors Disqualification Act 1986 states:

(1)The court must make a disqualification order against a person if the following two conditions are satisfied in relation to him.

(2)The first condition is that an undertaking which is a company of which he is a director commits a breach of competition law.

(3)The second condition is that the court considers that his conduct as a director makes him unfit to be concerned in the management of a company.

This is the first used of this prerogative for competition law infringement since it came on the statute book.

This decision is a salutary reminder that all directors have a responsibility to ensure that companies do not engage in unlawful anti-competitive practices, and if they do and directors knowingly participate in them, they are likely to be disqualify from acting as a company directors in addition to other criminal penalties.

Everything But the Kitchen Sink: Leading French Kitchen Installer Fined

On November 24, 2016 the French Competition Authority (“FCA”) imposed a € 400,000 fine on a leading group of French professional kitchen equipment installers (le Groupement des Installateurs Français - ”GIF”), for having implemented since 1994 a horizontal agreement among its 80 members aiming at a territorial market division in breach of Article L. 420-1 of the French Commercial Code. The fine imposed on GIF was accompanied by an injunction ordering the group to remove the clauses of its internal rules, which were mandatory for the members of the group, as these were deemed anti-competitive.

Since 1994, the GIF internal rules attributed to each of the members of the group, a limited geographic area for their activity, while retaining freedom of activity in non-affected "free" sectors. This organization, combined with the fact that adherents were obliged to repay a part of their profit when they intervened outside their sector, was found by the FCA to imply that adherents should refrain from selling on the sectors of others without prior agreement.

This practice was held to be prohibited by Article L 420-1 of the Commercial Code, which provides (translation):

“Agreements and concerted practices, which aim at or may have the effect of preventing, restricting or distorting competition on a market are prohibited, even directly or indirectly through a group company located outside France, in particular when they tend to:

(1) restrict market access or the free exercise of competition by other undertakings, (2) hinder the setting of prices by free market forces by artificially promoting their increase or decrease, or (3) limit or control production, outlets, investments or technical progress, or (4) allocate markets or supply sources” (emphasis added).

In its decision of November 24, the FCA cited the recent case law of the European Union and in particular the Toshiba judgment of 20 January 2016, which considered that a territorial distribution of the market is presumed to constitute a restriction of competition by object when the operators among whom this distribution is organized are at least potential competitors.

Thus, the provisions of the GIF internal rules organizing a sectorization of the activity of its members by discouraging them from providing services in areas allocated to others was deemed by the FCA to be intended to reduce competition among the members of the group.

German Dairy Sector Due for a Shake Up?

Recently, the German Federal Cartel Office (FCO) introduced an administrative proceeding to take a look at the supply terms set by dairies for farmers. In a test proceeding, the FCO will first inspect the supply terms of the northern German diary giant DMK Deutsches Milchkontor GmbH, as well as its parent company Deutsches Milchkontor eG.

While state quantity control over milk ceased to exist last year, this change has had little effect on the contracts between the producers and the dairies. Long-term contracts, the duty to deliver all of the milk production, and a very transparent pricing system limit the maneuvering room of the farmers and also impacts the food retail industry as a whole. Eventually, these measures may limit competition among dairies for raw milk as well as effective quantity control over the market, ultimately at the expense of the dairy farmers.

The primary focus of FCO’s investigation will be on the long-term contracts as well as any contract provisions that oblige the producers to deliver all of the milk production to “their” dairies, the so-called duty to tender delivery. The reference pricing system—the price change at one dairy immediately after the corresponding price change at another dairy—will also be examined. Such a scheme could eliminate business negotiations altogether, which normally take into consideration the individual added value and the sales power of the dairy as well as the payment practices to the producers. Officials are acting on the suspicion that the agricultural producers and their competitive course of action are constrained by the nationwide chain of long-duration contracts, while the raw milk market is also insulated against the entry of new dairies.

In its final report regarding the inspection of dairy industry in 2012, the FCO already referred to the antitrust issues regarding the delivery terms for raw milk collection. While this newly-introduced proceeding will not solve all of the problems in the dairy market, antitrust-compliant supply terms can contribute to the better functioning of the dairy market in the intermediate term.

Beyond the issue at hand, the case shows that the FCO has a sharp eye on market segments in which a state quantity control or similar policy steering measures, ceased to exist. The FCO is
willing to take measures to ensure that market participants and consumers can benefit from the advantages of a free pricing system.

Your Number’s Up: Italian Competition Authority Investigates Alleged Abuse of Dominance in Telecommunications Sector

On 16 November 2016, the Italian Competition Authority (the “ICA”) opened an in-depth investigation into Vodafone Italia S.p.A. and Telecom Italia S.p.A. (the “Accused Companies”), two leading Italian companies providing services for SMS bulk sending.

The ICA alleged that the conduct of the Accused Companies could amount 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 into the telecommunications sector -- were using this monopolistic power to gain the same market power in the downstream market of services for sending bulk SMS messages.

The ICA believes that the Accused Companies would disadvantage their competitors by applying high prices in the upstream market for the use of their network, so that in the SMS bulk market, the margin of profit of the other competitors would be not sufficient to cover the costs necessary to provide the SMS bulk services to the final clients.

 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 both trade within the EU and the development of the downstream market by creating a margin squeeze for the competing operators.

The Italian Competition Authority Whips into Shape the Fashion Sector

 On 11 November 2016, the Italian Competition Authority (the “ICA”) applied a € 4,5 million fine on nine companies (the “Companies”) operating in model agency services along with the Italian association who represents them (“Assem”) for infringements of Article 101 TFEU, the prohibition of anti-competitive agreements.

The ICA found that the Companies shared constantly from 2010 to 2014, commercial data regarding the prices charged to businesses requiring the services, as well as discounts applied to single clients and the status of the negotiation related to specific tenders. The Companies shared such information during the frequent meetings held by Assem in order to coordinate and promote the professional interests of all the affiliated companies.

Through this behaviour the Companies sustained much lower costs than if they would have been actively competing, and imposed costs on their clients (model and businesses).

It is worth mentioning that the ICA decided to apply Article 101 of TFEU and not the equivalent Italian legislative provision because Italy is an important part of the European Union market which thus can be affected by the abovementioned conduct.

The ICA has increased its focus on the fashion sector following investigations started by other National Competition Authorities like the Competition and Markets Authorities in the United Kingdom.

[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
Contact
more
less

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 www.jdsupra.com) (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 privacy@jdsupra.com.

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 privacy@jdsupra.com 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 privacy@jdsupra.com 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 privacy@jdsupra.com. 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 privacy@jdsupra.com.

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: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (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 legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. 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 http://www.aboutcookies.org 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: privacy@jdsupra.com.

- 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.