Are there any special rules for unfair competition related to digital media?
In Massachusetts, some special rules related to unfair competition in digital media do exist. The Massachusetts Antitrust Division is statutorily tasked with enforcing statutes that prohibit unfair competition and unfair acts. These include certain actions taken to impede or restrict competition in digital markets such as agreements between competitors which fix or raise prices, divvy up markets, or engage in deceptive trade practices such as false advertising or false representations of product quality. The Antitrust Division is also responsible for safeguarding against unfair methods or practices in digital commerce, such as price-gouging, unconscionable contracts, and monopolization of an online marketplace. In addition, the Commonwealth of Massachusetts also has an Unfair and Deceptive Practices Act, which prohibits corporations from engaging in deceptive or unfair practices in the digital marketplace. This includes activities such as false advertising, bait-and-switch tactics, and using inaccurate, outdated or deceptive information to persuade consumers. Furthermore, the Act prohibits certain activities such as deep linking, which is the use of inbound links to a website without prior authorization from its owner. Additionally, the Massachusetts Electronic Commerce Act prohibits the use of electronic mediums to disseminate deceptive information, as well as the use of portions of a website for other commercial or competitive purposes. Lastly, the Commonwealth of Massachusetts has Federal Communications Commission regulations in place which protect consumers from deceptive advertising and other unfair practices related to digital commerce. These regulations cover the use of digital technologies such as the internet, wireless devices, and digital television.
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