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June 25, 2021

UK Competition and Markets Authority Recommends Post-Brexit Changes to Competition Laws Governing Distribution and Online Sales

On June 17, the UK Competition and Markets Authority (‘CMA’) published a keenly awaited consultation document setting out its proposed recommendations to the UK Government for the new domestic competition law regime for vertical agreements. The CMA’s approach is welcome news for eControl ...
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June 22, 2021

How Brand Manufacturers Can Manage Messy Online Marketplaces

In early 2021, Forrester, in partnership with Vorys eControl, conducted a survey of brand manufacturer executives about their digital commerce strategies. The first Digital State of Brand Manufacturers Study included questions about brands’ focus on direct-to-consumer sales, wholesale dot-com ...
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June 10, 2021

The eControl Online Sales Control Solution Process

Wondering what process to follow in developing and implementing an online sales control solution for your brand? The Strategy, Foundation, Enforcement process often helps drive the best results. This approach focuses first on strategically assessing your business performance, desired commercial ...
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May 19, 2021

Brand Protection: The Fourth Pillar of Online Sales Control

In the final installment of our Four Pillars of Online Sales Control series, we address brand protection. Brand protection encompasses various tactics to combat counterfeit products, online marketplace policy violations and more traditional trademark and copyright violations. For many brands, ...
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May 17, 2021

Learn to Utilize Data Science and Analytics, Seller Prioritization and Targeted Enforcement to Help Control Online Sales, Reduce Risk and Deliver Unprecedented ROI

Amazon, Walmart and other marketplaces are growing at an unprecedented rate. Thousands of new sellers join these platforms every day, and the marketplace model is expanding rapidly around the world. Online marketplaces present many unique threats to brands including: MAP violations Unauthorized ...
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May 12, 2021

Pricing Policies & Promotional Strategy: The Third Pillar of Online Sales Control

In this week’s installment of our Four Pillars of Online Sales Control series, we tackle Pillar Three: Pricing & Promotional Strategy. We will address: How pricing and promotional actions fuel online disruption and harm to brand value; The pros and cons of common pricing policies; and ...
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May 5, 2021

Stopping Unauthorized Sellers: The Second Pillar of Online Sales Control

In this installment of our Four Pillars of Online Sales Control series, we tackle Pillar Two: Stopping Unauthorized Sellers. We will cover: The harms caused by unauthorized sellers Mistakes brands make in addressing unauthorized sellers The legal foundation necessary to combat unauthorized ...
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April 30, 2021

Eleventh Circuit Limits Reach of ADA Accessibility Requirements Online

In a recent decision, the Eleventh Circuit held that Winn-Dixie did not violate the Americans with Disabilities Act by operating a website inaccessible to blind individuals. Gil v. Winn-Dixie Stores, Inc. involved a blind individual who sued the grocery chain after he was unable to refill his ...
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April 29, 2021

California Holds Amazon Can Be Liable To Consumers Injured By 3P Sellers

As Amazon continues to grow, more questions have been raised about whether it can be liable for the acts of its 3P sellers, such as selling defective products. The latest court to weigh in is the California Court of Appeal in the case of Loomis v. Amazon.com, LLC, No. B297995 (Cal. App. 2d ...
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April 28, 2021

Channel Management: The First Pillar of Online Sales Control

As brands increasingly realize, online sales control is a critical predicate to profitable growth in the eCommerce channel, including, in particular, the online marketplace channel. In our first post in this series, we defined the four pillars of online sales control. In this post, we will do a ...