A Unique Resource for Businesses Managing Price Gouging Compliance -
The Proskauer on Price Gouging Compendium provides a detailed analysis of price gouging statutes over the 2020 to 2023 pandemic period, covering how...more
As this year’s roundtable of enforcers demonstrated, big business is probably antitrust enforcers’ greatest fear. Spring in Washington means Cherry blossoms and antitrust. And last week, 3,700 antitrust lawyers and government...more
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The...more
While states continue to lift their COVID related states of emergency, new price gouging claims are being made and ongoing price gouging litigation continues to wind through the courts. The federal government also now...more
One of the bellwether price gouging cases from the early days of the COVID-19 pandemic was recently reversed and remanded by New York’s First Judicial Department of the Appellate Division.
New York Attorney General...more
The answer? Not much, in itself. If one patent is good, 132 is probably fine too. That was Judge Easterbrook’s reasoning in a recent decision addressing indirect purchasers’ antitrust challenge to AbbVie’s so-called “patent...more
On July 11, 2022, the United States District Court for the District of Kansas approved a $264 million settlement against Mylan and certain of its subsidiaries in the case In Re EpiPen (Epinephrine Injection, USP) Marketing,...more
7/29/2022
/ Anti-Competitive ,
Bribery ,
Class Action ,
Kickbacks ,
Motion to Dismiss ,
Mylan Pharmaceuticals ,
Patents ,
Pfizer ,
Pharmaceutical Industry ,
Price Gouging ,
RICO ,
Settlement ,
Sherman Act
Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency...more
7/13/2022
/ Baby Products ,
California ,
Consumer Product Companies ,
Consumers ,
Executive Orders ,
Food & Drug Regulations ,
Food Supply ,
Local Ordinance ,
New Legislation ,
Price Gouging ,
Retail Market ,
Supply Chain
On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more
6/9/2022
/ Baby Products ,
Business Disruption ,
Comment Period ,
Consumer Product Companies ,
Federal Trade Commission (FTC) ,
Food Products . ,
Food Supply ,
Manufacturers ,
Price Gouging ,
Retail Market ,
Suppliers ,
Supply Chain ,
Supply Shortages ,
Unfair or Deceptive Trade Practices
Two federal price gouging bills were recently introduced in Congress. Senator Elizabeth Warren led the introduction of the Price Gouging Prevention Act of 2022. The bill prohibits “unconscionably excessive price[s]” at any...more
5/20/2022
/ Baby Products ,
Biden Administration ,
Corruption ,
Defense Production Act ,
Goods or Services ,
Price Gouging ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
With the Biden administration ramping up scrutiny on supply chains and pricing practices, businesses should take a moment to revisit their COVID-19 price gouging compliance. As we’ve previously highlighted, risk management...more
3/21/2022
/ Antitrust Provisions ,
Antitrust Violations ,
Doing Business ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
Regulatory Standards ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
In an interview on All In with Chris Hayes in January, Sen. Elizabeth Warren, D-Mass., claimed that a factor causing the high prices facing U.S. consumers is “giant corporations who say, wow, a lot of talk about high prices...more
The FTC has announced penalties in two separate enforcement actions totaling almost $2 million for alleged violations of the HSR Act. The matters: U.S. v. Clarence L. Werner c/o Werner Enterprises, Inc.; and U.S. v. Biglari...more
New York Governor Kathy Hochul has declared a disaster emergency for the state through January 15, 2022 in the wake of rising COVID-19 cases in the state and the newly identified Omicron variant. According to The Wall Street...more
12/2/2021
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Goods or Services ,
Infectious Diseases ,
New York ,
Price Gouging ,
Price Inflation ,
Retail Market ,
State of Emergency ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices
As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more
11/2/2021
/ Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Enforcement Actions ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Putative Class Actions ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...more
9/30/2021
/ Algorithms ,
Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Corruption ,
E-Commerce ,
Goods or Services ,
Most-Favored Nations ,
Price Gouging ,
Price Inflation ,
Putative Class Actions ,
Third-Party Risk ,
Unfair or Deceptive Trade Practices
Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more
9/14/2021
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Food Supply ,
Goods or Services ,
Infectious Diseases ,
Price Gouging ,
Price Inflation ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
In the early days of the pandemic, COVID-19 was synonymous with a mad dash for anti-virus home items like hand sanitizer, toilet paper, and anti-bacterial wipes. Amazon emerged from the shopping frenzy as key source of these...more
On June 24, 2021, New York celebrated the lifting on most COVID-19 restrictions. Governor Andrew Cuomo announced the COVID-19 state of emergency would officially expire. With the expiration of the emergency declaration, the...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more
In recent weeks many states have either started lifting pricing restrictions put in place during the COVID-19 pandemic or announced their plans to do so. Still, some state governments have indicated that they will continue to...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information for our clients and friends....more
Many companies have increased prices in recent months. Reportedly, across the economy, prices “rose by 5 percent in May compared with a year ago.” Restaurants are raising prices to cover the cost of increases in wages in a...more
Price gouging enforcement and litigation is front and center for company counsel and business managers nationwide. Our weekly round up highlights some of the most relevant news and information to our clients and friends....more
Even as Governors lift mask mandates and sporting events welcome fans to stadiums, some states are revisiting their price gouging laws. Recently, several states have advanced legislation to amend or create price gouging...more