"Key Takeaways: Antitrust Law and Policies — From Brussels to Washington, DC: The Atlantic Divide?"

Skadden, Arps, Slate, Meagher & Flom LLP

On October 21, 2016, Skadden presented a seminar titled “Antitrust Law and Policies From Brussels to Washington, D.C.: The Atlantic Divide?” in Brussels. Former DG Competition Director General Sir Philip Lowe gave the keynote speech, which was followed by panel discussions titled “Recent Developments in Merger Control Review,” “Geoblocking and the Boundaries of Competition Law,” and “Brexit — Challenges and Opportunities.” Skadden participants included Ingrid Vandenborre (Brussels), Frederic Depoortere (Brussels), James Keyte (New York), Michal Berkner (London) and Tara Reinhart (Washington, D.C.). Panellists included Ludovic Bernardeau (General Court of the EU), Cristina Caffarra (Charles River Associates), Ronan Flanagan (Competition and Markets Authority), Thomas Kramler (DG Competition), Maya Lester QC (Brick Court Chambers), Michele Piergiovanni (European Commission), Patrick Rey (University of Toulouse) and Patrick Schriber (DuPont de Nemours International S.A.).

Former DG Competition Director General Sir Philip Lowe’s Keynote Address

Sir Philip’s keynote address examined the implications of Brexit for both the U.K. and the EU’s remaining member states (EU 27). He noted that the negotiating process for the secession of such a large country will divert resources from other EU initiatives, and he explained that the ongoing debate surrounding the U.K.’s negotiating stance centers on the themes of openness and competitiveness versus protectionism and interventionism. He said a framework deal may be reached by the 2019 European Parliament and 2020 U.K. general elections, noting that the agreement likely will provide a timetable for the conclusion of sectoral agreements and define transitional arrangements until such conclusions.

Sir Philip touched on the tone of the pre-referendum debate in the U.K., including the issue of migration control. He also said that the U.K. likely will push for the freest possible access to the European Union’s single market, even if it must pay into the EU budget. However, Sir Philip noted that the EU 27 probably will be reluctant to budge on the current rules governing the free movement of workers and single-market access.

Sir Philip speculated on Brexit’s possible consequences for EU competition law, including that the EU’s “one-stop shop” may become two stops for companies conducting business in both the U.K. and the EU, and that the U.K. might become a less attractive destination jurisdiction for private actions. He discussed how the loss of U.K. influence over EU competition law might lead the EU to focus more on object-based analysis (i.e., undertakings might violate Article 101 if their purpose was anti-competitive, regardless of their effect).

Geoblocking and the Boundaries of Competition Law

Geoblocking impedes trade over the internet by limiting the countries from which purchases can be made, the platforms through which certain products or types of products can be purchased, or the price levels that can apply to purchases. Mr. Kramler noted that European institutions, in pursuance of a single-market objective, have sought since the ’60s to end territorial restrictions such as geoblocking. He pointed to what he called a clear “Atlantic divide” regarding vertical restraints, noting the European Court of Justice’s (EJC) decision in the Grundig case, which stressed the importance of intrabrand competition among the member states. The European Commission’s block exemption regulation on vertical agreements seeks to promote market integration. However, the U.S. Supreme Court’s decision in Grundig put more emphasis on interbrand competition concerns.

Mr. Kramler also discussed the European Commission’s proposed regulation addressing geoblocking. If adopted by the European Parliament and the Council of the European Union, the regulation will apply to activities outside the scope of competition laws, including to unilateral behaviors by nondominant companies. Most significantly, Article 4 of the proposed regulation prohibits discriminatory general conditions of access to goods and services (offline or online) based on the customer’s nationality, place of residence or place of establishment, whereas Article 6 extends the definition of discriminatory behavior to include restrictions on passive sales.

Mr. Rey noted that a ban on geoblocking could prevent companies from adjusting prices for certain customer segments based on demand elasticity, forcing companies to rely instead on aggregate or average demand elasticity, which may negatively impact poorer customers. He went on to say that by increasing intrabrand competition, geoblocking restrictions could curb companies’ market power and benefit customers. However, increased intrabrand competition raises the possibility of freeriding (a problem that occurs when those who benefit from resources, goods or services do not pay for them, which results in an under-provision of those goods or services). Limits to intrabrand competition can also negatively affect interbrand competition, Mr. Rey noted. He concluded that it is not economically advisable to foster parallel trading in regulated markets, because doing so can negatively affect governments and businesses whose long-term orientation requires them to invest more in research and development and therefore set higher prices, putting them at a disadvantage to public administrations and companies with more short-term, price-oriented policies.

Brexit — Challenges and Opportunities

Ms. Berkner called the June 2016 referendum result a “revolt” against the establishment and noted the high likelihood that U.K. Prime Minister Theresa May will trigger Article 50 of the Lisbon Treaty in 2017. Ms. Berkner said that, at best, the U.K. and the EU 27 will agree to a negotiations framework by 2019 — after which the real work will begin. She suggested that mutually beneficial business interests may influence sector agreements more heavily than they will the overall framework agreement.

Ms. Lester discussed Brexit’s potential impact on European competition law. She noted that if the U.K. does not remain in the European Economic Area, the EC Merger Regulation will no longer be effective in the U.K. and the country’s Competition and Markets Authority (CMA) will have to deal with merger notifications, leading to dual London and Brussels filings. She said that, in such a case, the CMA might have to focus on larger mergers or otherwise prioritise. She also considered whether the U.K.’s influence on European competition law will decline if it leaves the EU and the European Competition Network, noting that the U.K. has had a significant influence in the EU on, among other areas, leniency towards cartels, guidelines in cases of abuse of dominance and vertical guidelines on mergers.

Furthermore, Ms. Lester discussed whether Articles 101 and 102 of the Treaty on the Functioning of the European Union will no longer have direct effect in the U.K., leading to the potential for dual investigations in the U.K. and the EC. Brexit could also cause Commission decisions to no longer be legally binding in just the U.K. While Germany and the Netherlands — where Commission decisions will still be binding — may say that they will become more attractive jurisdictions for follow-on litigation, there are significant attractions of the U.K. as a seat of private litigation, and Commission decisions will no doubt still be treated as highly relevant in the English courts — in any event, there are a number of ways in which parties can bring damages actions in the U.K.

Furthermore, although the U.K. courts have been receptive to anchor defendants under the Brussels Regulation, the common law and pre-Lugano rules will likely still mean that the relevant parties are joined to an action. Ms. Lester said that the U.K.’s disclosure regime also will likely remain an attraction.

Mr. Bernardeau discussed how the U.K.’s becoming a “third country” outside of the EU will change the relevance of ECJ jurisprudence relating to Turkey and Switzerland. He noted that the 1963 Ankara agreement between the European Economic Community and Turkey provides for free movement of goods and services and freedom of establishment between the EC and Turkey. However, in the Demirkan case, an advocate general of the ECJ successfully argued against extending free movement case law to the Ankara agreement. Mr. Bernardeau noted that, depending on the nature of any agreement or trade deal reached with the EU, the U.K. also may have difficulty relying on the free movement of services in practice. He gave the example demonstrated by the Fidium Finanz case, where the free movement of capital was relied on by third-country beneficiaries only within certain limits. In this case, the provision of loans by Swiss banks in Germany was not deemed to constitute free movement of capital.

Recent Developments in Merger Control Review

The panel discussed the European Commission’s launch on October 7, 2016, of a public consultation on the functioning of procedural and jurisdictional aspects of EU merger control. The consultation focuses partially on whether current turnover thresholds are sufficient to catch all relevant cases or whether additional criteria should be put in place. Mr. Piergiovanni noted that the debate mainly concerns the information technology sector, in which startup revenues are usually too small to meet the current thresholds, and the biotech industry, in which pipeline products are sometimes not adequately reviewed due to low or absent revenues. Panellists suggested different thresholds that could be implemented, such as a “size of the transaction” test.

Mr. Flanagan provided a U.K. perspective on the issue, indicating that over 60 percent of the cases reviewed by the CMA satisfy the 25 percent “share of supply test” (i.e., the CMA has jurisdiction to investigate a merger whereby the combined enterprise will supply or acquire 25 percent or more of any goods or services in the United Kingdom). Mr. Flanagan gave as examples Facebook’s acquisition of Instagram and Google’s acquisition of Waze, both of which targets generated no turnover in the U.K. In addition, the CMA imposed remedies in a recent transaction involving the acquisition of an energy derivatives trading software that generated little turnover in the U.K.

Ms. Reinhart observed that the U.S. “size of the transaction” thresholds were never intended as cutoffs; the Federal Trade Commission (FTC) and Department of Justice (DOJ) can review transactions that fall below these thresholds. In a recent transaction involving New York tour bus operators, the Hart-Scott-Rodino Act thresholds had not been met but the parties were still required to commit to certain divestitures. Ms. Reinhart added that 20 percent of “second requests” by the FTC and DOJ for additional information regarding mergers and acquisitions concern below-threshold cases.

Mr. Schriber raised the issue of whether new thresholds in the U.K. would take into account fast-moving high-tech markets, and he asked the broader question of whether competition authorities have the necessary expertise to review these types of cases. Ms. Caffarra referenced the Facebook/Whatsapp transaction as a recent case in which the European Commission analyzed potential data concentration appropriately in terms of effects on the online advertising market (where data is monetized). However, while the EC is seeking to change the thresholds because it worries it has “missed out” on mergers like Facebook/Instagram, concerns remain regarding the standard that is to be used to evaluate anticompetitive effects in these cases. There is at present very little understanding of how to evaluate concentration of data as “assets,” and there needs to be a lot more thinking on the substantive assessment standard rather than thresholds.

Mr. Depoortere’s final question dealt with the European Commission’s increased reliance on the merging parties’ internal documents, sometimes referred to as Section 5.4 documents, rather than on its market investigations. Mr. Schriber queried whether drafting a full standard merger notification is still useful in complex cases in which the European Commission follows up with a substantial document production request. Mr. Piergiovanni answered that the number of these complex cases is limited and that EU document production requests are usually much smaller in scope than what is required in the United States. Ms. Reinhart added that in the U.S. more than 97 percent of merger cases close after 30 days and that the process is very transparent. In that sense, parties can usually anticipate second requests and prepare for document collection requests in advance.

Closing Remarks

Mr. Keyte’s comments focused on international regulatory convergence, which would provide businesses with greater predictability in multijurisdictional reviews. He highlighted areas where progress has been made through forums such as the International Competition Network (ICN), including on the substantive aspects of merger review. He noted a lack of convergence on issues of monopolization and dominance, citing the divergent approaches and outcomes between the FTC and the EU with respect to certain of Google’s practices. He viewed this as reflective of a fundamental EU/U.S. legal divide, whereby U.S. courts generally don’t condemn so-called monopoly pricing or aggressive competition, even if it disadvantages particular competitors or even new entrants. He noted another fundamental distinction in the way that competitors can influence review processes in the EU, whereas in the U.S. agencies distrust complaints by competitors. Mr. Keyte suggested that the path forward may be to use the ICN to build further consensus on fundamental approaches to competition enforcement, such as by establishing a standard for what constitutes exclusionary conduct and by promoting a focus on harm to consumers as opposed to harm to rivals. However, he expressed a fear that further divergence is possible in the future, especially with regard to the U.S. and European regulators’ fundamentally different approaches to transactions involving the “big data” industry.

Download PDF

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.

© Skadden, Arps, Slate, Meagher & Flom LLP | Attorney Advertising

Written by:

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP 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.