In this issue:
Antitrust and advertising can be surprisingly intertwined, but the relationship doesn’t receive much attention. This issue addresses that problem. First we look at false advertising—both federal and state courts in the U.S. have issued contradictory rulings as to whether it’s illegal under antitrust laws as well as the Lanham Act. We question whether antitrust turns a blind eye to brands, and also dig into a new Canadian anti-spam law that has global implications. We finish with a case study, New Zealand, discussing the issues that arise when—as is also true in Canada—the same authorities are assigned responsibility for both competition and deceptive marketing practices. And many thanks to Steve Szentesi for his help in putting this issue together.
The Intersection of Antitrust and Advertising
Although it is easier to bring a false advertising claim under the Lanham Act than under the Sherman Act, the Lanham Act’s available remedies are not as robust. Bruce Colbath & Nadezhda Nikonova (Sheppard Mullin)
With the Retractable Technologies case, is the theory that false advertising can give rise to violations of the Sherman Act, while rarely invoked, gaining traction? Christopher A. Cole (Crowell & Moring)