Consumer rights in times of COVID-19: key issues to be considered by traders

The Competition & Markets Authority (CMA) recently issued its revised “Statement on coronavirus (COVID-19), consumer contracts, cancellation and refunds“, which was first made available on 30 April 2020. The updated statement now focuses on consumers’ rights where lockdown rules do not prevent a trader from rendering a service but change how it can be rendered.…

German Bundesgerichtshof publishes reasoning for interim Facebook decision

In 2019, the German competition authority, the Bundeskartellamt, found that Facebook had broken competition law by abusing its dominant position in relation to the terms and conditions imposed on consumers and data privacy. Facebook asserted compliance with the GDPR as a defence, but this did not stand scrutiny. The Bundeskartellamt ordered Facebook to comply with…

Digital Policy Alliance responds to CMA Call for Inputs on Digital Markets Unit proposals

The Digital Policy Alliance (“DPA”) has published its response to the CMA’s Call for Inputs on proposals for a Digital Markets Unit, issued alongside the CMA’s Final Report on its market study into Online Platforms and Digital Advertising. The DPA response can be read here. Tim Cowen, Chair, Antitrust Practice, is co-chair of the DPA’s…

Selling online to Consumers? You should read this Preiskel & Co note on the recent EU Court of Justice ruling which confirms the requirement to include details of approved ADR bodies in website terms and conditions

In a recently issued judgment, the EU Court of Justice (“EUCJ”) has confirmed the obligation imposed on traders selling goods or services online to consumers under the ADR Directive (2013/11/EU) (the “ADR Directive”) that requires sellers (which can include Communications Providers) to set out in their website terms and conditions, details of the approved Alternative…