Avoiding Antitrust Issues In Search Term Ad Agreements – Law360

Law360 (July 12, 2021, 5:53 PM EDT) — Search term advertising can be a vital marketing tool for brands, and companies spend billions of dollars a year bidding on search engine keywords.

However, executives should be cautious about entering into keyword search agreements with other market participants, as it could expose their companies to antitrust enforcement risk by government agencies as well as individual plaintiffs.

As evidenced by the recent decision from the U.S. Court of Appeals for the Second Circuit in an antitrust suit brought by the Federal Trade Commission against 1-800 Contacts Inc., U.S. antitrust law regarding keyword bidding agreements is an evolving area of jurisprudence….

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