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At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward....more
The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more
On May 20, 2024, US District Court Judge Michael W. Fitzgerald rejected a popular over-the-counter eyedrop seller’s bid for a new trial and granted a pricing injunction impacting two large wholesale membership clubs following...more
The Federal Trade Commission may point to economic harm to an identifiable cohort of consumers. The Federal Trade Commission (FTC) on April 22, 2024, filed an administrative complaint to block Tapestry, Inc.'s acquisition of...more
The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more
The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more
While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price discrimination in...more
The Competition Bureau published its sixth volume of the Deceptive Marketing Practices Digest on April 17. The latest edition looks at the use of fake scarcity cues in online marketplaces and provides an update on drip...more
A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Amazon sellers must understand the major forms of intellectual...more
In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more
On January 10, 2023 Politico reported that the Federal Trade Commission (“FTC”) has launched antitrust investigations into Pepsi and Coca Cola. According to the article, the “companies’ pricing strategies are being...more
The US Federal Trade Commission’s (“FTC”) reported investigations of Coca-Cola Co. and PepsiCo. Inc. for price discrimination are a significant step toward the agency’s revival of enforcement under the Robinson-Patman Act...more
In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more
On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more
The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy....more
The Antitrust Division’s recent indictment of the boiler chicken executives provided an important reminder to compliance officers on the importance of an effective antitrust compliance program....more
The recent indictment of four executives involved in a long-running price-fixing scheme among broiler chicken suppliers provides an important window into how such conspiracies work and evade detection....more
The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging...more
Since President Cyril Ramaphosa declared a National State of Disaster on 15 March 2020, various government Ministers have issued regulations to deal with the emergency. ...more
In a prior blog, we discussed partnerships between retailers and hotel chains as a strategy for providing customers with an interactive experience and staying competitive in the market. This trend has continued and is further...more
On Tuesday, a U.S. federal tax court began hearing arguments regarding Facebook’s 2010 tax bill. The IRS valued Facebook at $13.8 billion, while Facebook reported only $6.5 billion. The final tally could potentially cost...more
As the saying goes, it's the most wonderful time of the year – but it is also the busiest time for retailers. As merchants seek to cash in on the holiday shopping rush, we are noticing trends that have potentially significant...more
Seyfarth Synopsis: Knowledge that a competitor or former employee is misappropriating trade secrets is difficult to come by. At the same time, however, once a company has notice that misappropriation may be occurring, the...more
“I sleep like a baby . . . I wake up every two hours crying.” - Jim Donald, President & CEO of Albertsons when interviewed at Shoptalk about how he deals with the pace of certain competitors. “The industry is in such a sea...more
Margrethe Vestager, head of the European Union’s Directorate-General for Competition (“DG Comp”), recently announced that the EU was once again investigating actions of a high-profile tech company – Amazon....more