News & Analysis as of

Supply Chain Price-Fixing

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . The Foreign Trade Antitrust Improvements Act

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The United States Department of Justice (DOJ) actively enforces the Sherman Act within the U.S. and internationally. Generally described, the Sherman Act is a powerful statutory scheme designed to prohibit anti-competitive...more

Proskauer - Minding Your Business

Proposed New York Price Gouging Rules Expand Coverage and Provide Clarity

New York Attorney General Letitia James announced new price gouging rules intended to clarify New York’s price gouging law, N.Y. Gen. Bus. Law §396-r, earlier this month. The proposed rules seek to address many of the...more

Barnea Jaffa Lande & Co.

Stricter Review and Enforcement of Vertical Resale Price Maintenance Arrangements

The Israel Competition Authority (ICA) recently published a revised public statement on the regulation of resale price maintenance (RPM) arrangements. Under such arrangements, an entity in the goods supply chain (typically, a...more

Society of Corporate Compliance and Ethics...

The Latest from the DOJ Antitrust Division

To get a better understanding of the state of antitrust enforcement we sat down with Andrew Mast, Counsel to the Assistant Attorney General for Antitrust at the US Department of Justice. In this podcast he shares key...more

American Conference Institute (ACI)

[Event] Food Law – Regulation, Compliance and Litigation - July 13th - 14th, Chicago, IL

ACI’s 6th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation is returning to Chicago this July! As the pandemic turns into an endemic, you need to revise your playbook to tackle the food industry’s...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Proskauer - Minding Your Business

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

Faegre Drinker Biddle & Reath LLP

DOJ and FBI Prioritize Antitrust Investigations of Price-Fixing and Collusive Schemes Stemming From Supply Chain Disruptions

With consumer prices increasing across the economy, the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) announced on February 17, 2022, a new joint initiative designed to identify and prosecute...more

Hogan Lovells

DOJ Antitrust Division and FBI to investigate collusion stemming from supply chain disruptions

Hogan Lovells on

On 17 February, the Department of Justice (DOJ) Antitrust Division (Antitrust Division)  announced that it is launching a joint initiative with the Federal Bureau of Investigation (FBI) to “deter and prosecute those who would...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more

Proskauer - Minding Your Business

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

Proskauer - Minding Your Business

Anatomy of a Price Gouging Suit

If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many...more

White & Case LLP

Taiwan in the changing global landscape - New US antitrust implications for your supply chain

White & Case LLP on

What Quanta Storage and Qualcomm mean for Taiwan's businesses. Antitrust litigation in the US continues to focus on competitor interactions. Companies that participate in multiple levels of a supply chain must consider how...more

Proskauer - Minding Your Business

What Constitutes a “Trade” or “Market” Area Under State Price Gouging Statutes?

Price gouging enforcement is at an all-time high, but many ambiguities about the application of these state laws remain. Among the many questions left unanswered: what does a statute mean when it says “trade area” or “market...more

Proskauer - Minding Your Business

Private Plaintiff and Class Action Price Gouging Claims Spread as Emergency Continues

Private plaintiffs and state enforcers have been targeting businesses up and down the supply chain for price gouging violations. Some of these actions have been over the price of goods long associated with the COVID-19...more

Proskauer - Minding Your Business

Does ‘New and Improved’ Products Mean I can Charge a New and Improved Price?

State price gouging laws do not typically address product improvements or reformulations. Still, businesses should consider price gouging restrictions when releasing “new and improved” products, as the same pricing...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - July 2020 #3

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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

Proskauer - Minding Your Business

When Will It End? – Price Gouging Restrictions Remain in Place for Uncertain Period

The pandemic has demonstrated that price gouging laws are not only written in an ambiguous manner, but are ambiguous as to whether they are in effect or not. A recurring problem faced by businesses is that some states are not...more

Proskauer Rose LLP

Proskauer on Price Gouging: A Coast-to-Coast Reference Guide - July 2020

Proskauer Rose LLP on

What’s New in Version 2 - To help businesses navigate state price gouging statutes, we have updated this guide with revised content addressing new developments in state price gouging laws and emergency measures currently...more

Society of Corporate Compliance and Ethics...

Former Bumble Bee CEO sentenced to prison for price fixing

Report on Supply Chain Compliance 3, no. 13 (June 25, 2020): On June 16, Chris Lischewski, former CEO of Bumble Bee Foods LLC, was sentenced to 40 months in jail and a criminal fine of USD 100,000. Lischewski led a...more

The Volkov Law Group

Bumble Bee CEO Sentenced to 40 Months in Prison for Price-Fixing

The Volkov Law Group on

After a lengthy sentencing hearing in federal court in San Francisco, Bumble Bee CEO Chris Lischewski was sentenced to 40 months in prison for his involvement in a tuna price-fixing conspiracy.  The judge rejected...more

Proskauer - Minding Your Business

Pricing Around the Margins: Is it Price Gouging if my Costs have Gone up?

Despite the continued implementation of state price gouging laws, many companies have been able to legally raise their prices by relying on exceptions related to cost increases. Many have asked whether the exception...more

BakerHostetler

Unpacking Antitrust Issues in the Food Industry During the Pandemic

BakerHostetler on

COVID-19 already has had a significant impact on the food industry. Companies at all levels of the food supply chain long have been the focus of antitrust investigations and litigation, partly because there are relatively few...more

Proskauer - Minding Your Business

Q&A Follow-Up from “The Price is Right…or Is It? What Supply Chain Businesses Should Know” Webinar

On June 3, 2020, Proskauer’s Antitrust Group hosted a webinar on what supply chain businesses should know about price gouging laws and regulations, and, during and after the webinar, we fielded some thoughtful follow-up...more

Proskauer - Minding Your Business

When Do Price Gouging Laws Expire?

States around the country have activated their price gouging statutes due to the COVID 19 pandemic. These temporary restrictions typically go into effect upon the declaration of a local, state or national emergency. However,...more

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