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US: Plantronics sanctioned $3m for email deletion in antitrust case

By  |  July 14, 2016

A Delaware federal judge has sanctioned electronics company Plantronics Inc. $3 million after finding that a high-ranking executive told his colleagues to delete emails related to an antitrust case and then wiped out thousands of his own electronic communications.

Facing a lawsuit from GN Netcom alleging violations of the Sherman Antitrust Act and the Clayton Antitrust Act, Don Houston, senior vice president of sales, repeatedly told his co-workers to delete emails referencing sensitive information regarding the company’s competitive activities, according to papers filed in the US District Court for the District of Delaware.

It was also discovered that Houston trashed 40 percent of his emails between November 2013 and February 2014—more than a year after GN brought its claims for monopolization in the fall of 2012.

Houston’s behavior came to light in early 2014, when Plantronics’ associate general counsel became concerned about Houston’s document retention, according to the memorandum. However, GN was largely kept in the dark about the scope of Houston’s deletions and an investigation by a forensic expert into the matter.

In total, the expert found, between 952 and 2,345 of the tens of thousands of emails Houston deleted were responsive to GN’s discovery requests and missing from the record. However, an expert later brought in by GN determined that estimate to be on the lower end of what was statistically probable.

Full Content: Delaware Law

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Indian Ad Agencies Warned Against WhatsApp Discussions After Antitrust Raids Indian Ad Agencies Warned Against WhatsApp Discussions After Antitrust Raids

Indian Ad Agencies Warned Against WhatsApp Discussions After Antitrust Raids

By  |  April 17, 2025

In the wake of sweeping antitrust raids by Indian authorities, leading advertising agencies have been cautioned against sharing sensitive commercial information through informal communication channels, including WhatsApp, according to a document cited by Reuters.

The advisory, issued by the Advertising Agencies Association of India (AAAI), follows surprise inspections carried out by the Competition Commission of India (CCI) on March 18. These dawn raids were part of a broader investigation into alleged price collusion and discount manipulation in India’s $18.5 billion advertising industry—one of the fastest-growing globally and currently ranked the eighth largest by revenue, Reuters reported.

The CCI’s actions have rattled the country’s dynamic advertising ecosystem, especially the broadcast and digital streaming sectors, where major players like Reliance-Disney and Sony dominate. The probe is likely to have a lasting impact on how media buying is structured and priced in India, particularly among global agencies operating in the region.

The AAAI, whose membership includes prominent firms such as GroupM (owned by WPP), Japan’s Dentsu, and France’s Publicis, has urged its affiliates to steer clear of discussions involving pricing or any other commercially sensitive data. In an advisory dated March 26 and prepared by legal firm Trilegal, the association emphasized that members must exit existing WhatsApp groups and cease any form of such communication, per Reuters.

Related: WhatsApp Secures EU Court Adviser’s Backing in Privacy Fine Dispute

The document explicitly warned, “Members are requested not to discuss (through any mechanism, including emails, WhatsApp groups, documents, any informal, or formal meetings), any commercially sensitive information.” This includes pricing strategies, which could fall afoul of India’s competition regulations.

The CCI’s probe was reportedly triggered by leniency applications, a mechanism that incentivizes whistleblowers with reduced penalties in exchange for evidence of anti-competitive behavior. Among those cooperating with the investigation is Dentsu, which reportedly submitted internal findings of collusion along with a 2023 procedural document jointly issued by the IBDF (Indian Broadcasting and Digital Foundation) and AAAI, according to Reuters.

The March raids also extended to the offices of the IBDF in New Delhi, a powerful industry body representing major broadcasters. The investigation remains ongoing, and the CCI typically does not disclose details until a case reaches completion—a process that can take years.

While the CCI, AAAI, and involved media buying agencies have not responded to Reuters inquiries, Trilegal declined to comment, citing ongoing legal proceedings. The advisory from AAAI stressed that any form of coordination involving sensitive business data could raise red flags under India’s competition laws and expose parties to further enforcement action.

Source: Reuters