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Dr. StrangeGov or: Antitrust Enforcers Should Stop Worrying and Learn to Love Big Business

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

Revisiting Price Gouging Compliance

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

Price Gouging Updates: Warren Accuses Large Corporations of Price Gouging; Plaintiffs Respond in Amazon Price Gouging Case

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

FTC Rings in the New Year with HSR Enforcement and Penalties Front and Center for Investors

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

What the Omicron Variety Could Mean For Price Gouging Enforcement in New York

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

Price Gouging Litigation Continues Apace

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

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

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

Minnesota Files Price Gouging Suit Against Egg Producer

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

E-Commerce Platform Facing Price Gouging Scrutiny

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

New York’s Overlapping Price Gouging Laws

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 Weekly Round Up - July 2021

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

Hard to Say Goodbye: States Are Slowly Lifting States of Emergency

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

A Note of Caution: Inflation, Price Increases, and the Lingering States of Emergencies

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 Weekly Round Up - June 2021 #2

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

COVID Winds Down, but States Ramp Up Price Gouging Legislation

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

Price Gouging Weekly Round Up - June 2021

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

Price Gouging Weekly Round Up - May 2021 #4

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

Price Gouging Weekly Round Up - May 2021 #3

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

Amazon to Arbitrate Price Gouging Class Action, Leaving Open Questions of Platform Liability

Class actions plaintiffs and state enforcers have tried to use state price gouging laws to hold online retailers accountable for prices set by third parties. It remains unclear, however, whether platforms will—or can, under...more

Price Gouging Weekly Round Up - May 2021

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

Price Gouging Weekly Round Up - April 2021 #3

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

Price Gouging Weekly Round Up - April 2021 #2

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

Updates to Price Gouging States of Emergency

Over a year ago, states of emergency were declared across the country. Such emergency declarations are often the trigger for state pricing restrictions. Tracking the start and end of the emergency declarations is essential...more

A Comedy of Errors Sinks a Local Government’s Price Gouging Case

In a case of mistaken identity and a web of conflicting testimony, a Fresno local business successfully appealed a price gouging fine. The saga between the store and the City of Fresno offers insights in the importance of...more

Price Gouging Weekly Round Up - April 2021

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...more

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