Archive:March 14, 2023

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Why CMA, What Large Teeth you (Could) Have! Take Care to Heed the ASA and CMA’s Warnings Against Misleading Advertising
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CJEU Paves the way for Red-Soled Heels to Widen the Scope of Liability of E-Commerce Platforms

Why CMA, What Large Teeth you (Could) Have! Take Care to Heed the ASA and CMA’s Warnings Against Misleading Advertising

In the UK, we have seen an increase in regulator activism, and particularly, in relation to advertising misleading consumers. This can be seen in the recent spate of the UK Competition and Markets Authority (“CMA”) investigations and a whole host of the UK Advertising Standards Authority (“ASA”) decisions. Companies will need to take extra care as the CMA may get some (very large) new teeth from the Digital Markets, Competition and Consumer Bill (“Bill”).

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CJEU Paves the way for Red-Soled Heels to Widen the Scope of Liability of E-Commerce Platforms

A recent preliminary ruling by the Court of Justice of the European Union (“CJEU”) in the joint cases (C-148/21 and C-184/21) between a luxury fashion brand known for its signature red-soled heels Christian Louboutin and an e-commerce giant Amazon might mark a start of an era of increased accountability of marketplaces in relation to listings of third parties they accommodate on their platforms.

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