Attorneys'​ Title Fund Services, Inc.’s Post

Our Commercial Solicitors look at introducer agreements in closer detail and consider some of the key points that you should bear in mind before entering into such arrangements. https://ow.ly/ZAU950QYv9K #introduceragreements #commercial

Don’t miss this deal!? Recent action by the Competition and Markets Authority (CMA) is a reminder for all businesses about the care which should be taken with online sales practices. Read more below: #commercialandtechnology #law #CMA #competitionmarketsauthority #retailers #onlineretailers

⚠️ 𝗣𝗿𝗶𝗰𝗲 𝗙𝗶𝘅𝗶𝗻𝗴 𝗯𝘆 𝗔𝗹𝗴𝗼𝗿𝗶𝘁𝗵𝗺 𝗜𝘀 𝗦𝘁𝗶𝗹𝗹 𝗣𝗿𝗶𝗰𝗲 𝗙𝗶𝘅𝗶𝗻𝗴 The Federal Trade Commission, joined by the U.S. Department of Justice, filed a statement of interest explaining that hotel companies cannot use algorithms to evade antitrust laws and engage in practices that would be illegal if done by a real person. In their statement, the agencies highlight two critical aspects of competition law. 1️⃣ “𝗡𝗼 𝗟𝗲𝗴𝗮𝗹 𝗥𝘂𝗹𝗲 𝗥𝗲𝗾𝘂𝗶𝗿𝗲𝘀 𝗣𝗹𝗮𝗶𝗻𝘁𝗶𝗳𝗳𝘀 𝗧𝗼 𝗔𝗹𝗹𝗲𝗴𝗲 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗼𝗿-𝗧𝗼-𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗼𝗿 𝗖𝗼𝗺𝗺𝘂𝗻𝗶𝗰𝗮𝘁𝗶𝗼𝗻𝘀” Plaintiffs do not need to identify direct communications between competitors to allege an agreement under Section 1 of the Sherman Act, particularly when they allege that an algorithm provider that works with the competitors is acting in concert with them. Competitors cannot lawfully cooperate to set their prices, whether via their staff or an algorithm, even if the competitors never communicate with each other directly. 2️⃣ “𝗙𝗶𝘅𝗶𝗻𝗴 𝘁𝗵𝗲 𝗦𝘁𝗮𝗿𝘁𝗶𝗻𝗴 𝗣𝗼𝗶𝗻𝘁 𝗼𝗳 𝗣𝗿𝗶𝗰𝗲𝘀 𝗶𝘀 𝗣𝗲𝗿 𝗦𝗲 𝗜𝗹𝗹𝗲𝗴𝗮𝗹, 𝗘𝘃𝗲𝗻 𝗜𝗳 𝗨𝗹𝘁𝗶𝗺𝗮𝘁𝗲 𝗣𝗿𝗶𝗰𝗲𝘀 𝗠𝗮𝘆 𝗗𝗲𝘃𝗶𝗮𝘁𝗲” An agreement to use shared pricing recommendations, list prices, or pricing algorithms is still unlawful even when co-conspirators retain some pricing discretion. Setting or recommending initial starting prices can still violate the antitrust laws even if those are not the prices that consumers ultimately pay.

State regulations concerning data privacy are on the rise and the trend shows no signs of stopping. With 11 states already enacting privacy laws and 26 more introducing comprehensive privacy legislation, compliance is becoming increasingly important. https://lnkd.in/eCUh6MD7

Bid-rigging is illegal under the Competition Act. This anti-competitive practice eliminates competition between suppliers, and raises the price of public contracts. When the Competition Bureau finds evidence of a criminal offence, it refers the matter to the Public Prosecution Service of Canada, which has independent authority on all decisions related to the prosecution of a case. Those who believe they are involved in an illegal agreement with their competitors can come forward to seek immunity or leniency in return for their cooperation with the Bureau’s investigation through its Immunity and Leniency Programs. The Bureau also has a Whistleblowing Initiative for those who believe they can provide information about a potential violation of the Competition Act. The Bureau will keep the identity of the whistleblower confidential. The Bureau strongly encourages anyone who suspects a company or individual of being involved in illegal agreements, such as bid-rigging, price-fixing, market allocation or supply restriction, to report it using its online form. https://lnkd.in/gJ6U2-Sf

#Interview | Reece May, Senior Associate in the Competition Law practice joined Jeremy Maggs on Hot1027 to discuss Price personalisation or price discrimination: Can your computer tell the difference?   Reece explained that, in its simplest form, price personalisation is when large firms with substantial capital and advanced IT capabilities analyse the data profile of every customer purchasing from their website. By assessing this data, they determine each customer's willingness to pay and charge different prices for the same goods or services based on this perceived willingness.   He noted that the algorithm for price personalisation considers several key factors, such as geography, purchase history on the website, and search history. For instance, if a customer frequently searches for high-end or luxury brands, this could alter their perceived willingness to pay. While price personalisation is predominantly seen at the retail level, it is likely to extend to the wholesale markets as well.   Regarding legal implications, Reece clarified that the Competition Act does not outright prohibit personalised pricing strategies. However, there may be specific instances where such practices may violate the Act, especially if the price personalisation amounts to price discrimination in respect of wholesale customers. Price discrimination involves charging different prices for the same product, and for it to contravene the Act, it must negatively impact competition or hinder HDPs (Historically Disadvantaged Persons) or SMMEs (Small, Medium and Micro Enterprises) from participating in a market.   Click here to listen to the full interview - https://bit.ly/4dF4wgC #CompetitionLaw #PricePersonalisation #PriceDiscrimination #DataProfile

January 27, 2025. That's the date every lead seller and buyer needs to have seared into their minds. It is the date the FCC's new one-to-one consent rule becomes effective. And you heard it here first, of course. From Troutman Amin LLP- who else? Much love and more information coming Monday. #fcc #tcpa #consent #leadgen #marketing #deservetowin

💷 𝗥𝗲𝘁𝗮𝗶𝗹 𝗹𝗲𝗮𝗱𝗲𝗿𝘀 𝗹𝗲𝗴𝗮𝗹 𝘂𝗽𝗱𝗮𝘁𝗲: 𝘁𝗵𝗲 𝗻𝗲𝘄 𝗗𝗠𝗖𝗖 𝗕𝗶𝗹𝗹 𝗳𝗼𝗿 𝘁𝗮𝗰𝗸𝗹𝗶𝗻𝗴 𝗱𝗿𝗶𝗽 𝗽𝗿𝗶𝗰𝗶𝗻𝗴 💷 Drip pricing is a practice where companies only advertise part of a product’s price upfront and reveal other charges later in the buying process. The draft Digital Markets, Competition and Consumers Bill (#DMCC Bill) published by UK government in April 2023 details plans to help manage competition issues in big tech and broaden the scope of consumer law protections, including plans to protect consumers from drip pricing practices. The Bill was publicly announced as part of the King's Speech on 7 November 2023, voicing the intention to empower consumers to help them get the right deal and increase confidence in the products they buy and services they use. Find the full update from Farrer & Co and Co here ⬇ https://lnkd.in/eXdsafuP #retailindustry #regulation #consumerprotection

Section 2 of the Sherman Act makes it illegal to monopolize, attempt to monopolize, or conspire to monopolize trade or commerce in the United States or with foreign nations. Here are some things to know about Section 2 of the Sherman Act: Enforcement The Department of Justice (DOJ) can enforce violations through civil and criminal penalties. Private individuals can also bring civil actions for damages. Penalties Civil penalties can be up to $100 million for corporations and $1 million for individuals. Criminal penalties can be up to ten years. Remedies Remedies should focus on restoring competitive conditions, not punishing defendants or dictating a market outcome. Enforcement efforts In March 2022, the DOJ announced that it would begin criminally investigating and prosecuting Section 2 offenses, after nearly 50 years of focusing on "hardcore" offenses under Section 1. Enforcement coordination Federal, state, and private enforcement often proceed simultaneously. https://lnkd.in/gHJ6z7RT.

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