Promotional Allowances in a New Retail Environment: FTC Revises its Fred Meyer Guides

October 08, 2014

On September 24, 2014, the U.S. Federal Trade Commission (“the Commission”) revised its Guides for Advertising Allowances and Other Merchandising Payments and Services (“the Fred Meyer Guides”). The revisions reflect the growing importance of the Internet and online commerce, recognizing explicitly that online retailers can and often do compete with brick-and-mortar retailers. They also reflect the Commission’s recognition of the dynamic nature of markets and that technological and other changes in methods of doing business frequently warrant reevaluations of traditional market definitions.

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