In a case involving an application for authorisation to institute a class action against Yahoo! Inc. and Yahoo! Canada Co. following large scale data breaches at Yahoo, the Québec Superior Court determined that the Québec Consumer Protection Act (‘CPA’) applies to free online service agreements. The application of the CPA to free online service providers that do business in Québec will have important consequences, for example exposing such providers to potential litigation in the event of non-compliance with the CPA. / read more

The CJEU ruled, in an eagerly-awaited decision, that a supplier of luxury goods can, subject to certain conditions, prohibit authorised distributors from selling those goods on a third party internet platform. The CJEU’s preliminary judgment may serve as useful guidance for those navigating the interface between brands, competition law and contracts for the selective distribution of goods online. / read more

The German Federal Supreme Court’s (‘BGH’) ruling found that a lawyer’s attempt to prove that an online B2B seller had not sufficiently informed a consumer of their consumer rights, via a test purchase made on behalf of the claimant, was not admissible. This case provides valuable insight into the necessary measures online B2B sellers must take in order to prevent unwanted consumer purchases on their platforms. / read more

Hangzhou Xihu District Court of China recently issued a unique judgment, ordering the operator of the online platform Shatui Network, Hangzhou Jianshi Network Technology Co. Ltd., to pay compensation to e-commerce platform operator Alibaba. This is the first case where click farming activities have been clearly determined to be unfairly competitive. / read more

The use of social media influencers has grown rapidly in an effort by brands to reach new demographics. Influencers are individuals who leverage their social media following to promote a brand or product in exchange for compensation. As influencers have gained popularity on social media platforms, the US Federal Trade Commission (‘FTC’) has closely scrutinised the disclosure of material connections. / read more

This case once again reinforces the importance to competition authorities of retailers’ ability to sell products online and comes after a string of cases in recent years where suppliers have sought to restrict retailers’ online activities. / read more

A US Court of Appeal found that DoubleVerify, Inc., an online authentication service, did have grounds to file a special motion to strike against Filmon.com under California’s Anti-SLAPP Law, which it filed in response to Filmon.com’s civil action against DoubleVerify for mischaracterising its video content, resulting in financial damages through loss of advertising revenue. / read more

Following complaints by Czech politicians about the potential impact on freedom online of provisions of the Czech Republic’s new Gambling Law that allow the regulator to mandate that internet service providers (‘ISPs’) block certain websites that offer unlicensed gambling to Czech citizens, the Court reviewed such provisions and assessed whether they are in line with the Czech Constitution. / read more

In a case concerning two online bathroom retailers with remarkably similar names, the High Court considered, for the first time, whether honest concurrent use could act as a defence to keyword advertising trade mark infringement. / read more

The Court ruled that predatory bidding on eBay - the practice of actively bidding on online auctions that the bidder suspects will be cancelled so he or she can sue the seller for damages - may constitute an abuse of law. / read more