News & Analysis as of

Unfair Pricing

EU Competition Newsletter – February 2017

by Bryan Cave on

Portugal Asks European Court to Determine the Criteria Required for Discriminatory Pricing to Be an Abuse Under Article 102 of the Treaty on the Functioning of the European Union - Portuguese Court has asked the...more

Competition Appeal Tribunal Refuses Interim Relief in Pharma Pricing Case

by Latham & Watkins LLP on

The Competition Appeal Tribunal (the “CAT”) in the UK heard on 17 January 2017 an application by Flynn Pharma Ltd and Flynn Pharma (Holdings) Ltd (together “Flynn”) to suspend the Competition and Markets Authority’s (the...more

Portugal asks European Court to determine what criteria are required for discriminatory pricing to be an abuse under Article 102...

by Bryan Cave on

A Portuguese Court has asked the European Court of Justice (ECJ) to provide guidance on when “discriminatory pricing applied to equivalent transactions” amounts to an abuse of a dominant positon under Article 102 (c)...more

Regulatory scrutiny of online hotel booking continues

by Bryan Cave on

The 13 July 2016 saw the Competition and Markets Authority (CMA) announce that it had sent a questionnaire to a large sample of hotels throughout the UK. As part of a joint monitoring project with the European Commission,...more

Gender-Based Price Discrimination: California Seeks to Extend Law to Prohibit Discrimination in Pricing of Gender-Specific Goods

by Bryan Cave on

California is taking on gender price discrimination. California law already prevents businesses from gender-based price discrimination for services such as haircuts, alterations, and dry cleaning. A recently proposed bill...more

East Coast to the West Coast: Consumers Continue to File Deceptive Pricing Class Actions

by Stinson Leonard Street on

Earlier this year, consumers filed class action lawsuits against retailers Zulily and Burberry in federal court in New York alleging unfair and deceptive sales practices in connection with their respective marketing of...more

Advertising Law - April 2016 #4

Study Finds Low Compliance for Native Advertising - According to a new study, roughly 70 percent of websites are not compliant with the Federal Trade Commission's recently released native advertising...more

Advertising Law - March 2016 #3

New in False Advertising Lawsuits: Security Systems and Oatmeal - Class action complaints alleging false advertising run the gamut of products and services, and recent lawsuits filed across the country bear this...more

Advertising Law - February 2016 #3

EU, U.S. Reach Data Deal—Not a Harbor, but a Shield - After the deadline expired to reach a deal on a new Safe Harbor for the transatlantic transfer of data, the European Union and the United States reached an agreement...more

EU & Competition Law Update - January 2016

by Bryan Cave on

Smartphone chip manufacturer accused of an abuse of dominance - On the 8th December 2015, Qualcomm, the world’s largest supplier of smartphone chipsets, was publicly accused by the European Commission of abusing its...more

The Which? Super-Complaint Regarding Pricing and Promotional Practices in the Grocery Market

by DLA Piper on

Between 21 April 2015 and 16 July 2015 the Competition and Markets Authority (CMA) have investigated pricing practices in the grocery industry following a super-complaint by Which?. The CMA's response was heralded by the...more

"EU Allegations of Qualcomm Market Abuse Indicative of Global Enforcement Trend"

On December 8, 2015, the European Commission filed two Statements of Objections against U.S. semiconductor-maker Qualcomm Inc., alleging that the company had abused its dominant position in the baseband chipset market through...more

Brussels Regulatory Brief: September/October

by K&L Gates LLP on

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Deceptive Pricing Class Actions Against Major Retailers on the Rise

by McGuireWoods LLP on

Major retailers recently have faced a spate of class-action complaints alleging that they have engaged in misrepresentations and false advertising through the deceptive use of a marketing strategy known as “price anchoring,”...more

Advertising Law - October 2015 #4

Eleventh Circuit Rejects Application of VPPA to Free App - The latest decision interpreting the application of the Video Privacy Protection Act in the context of twenty-first century technology provides positive news for...more

Trade & Manufacturing - October 2015

by King & Spalding on

Ending the Crude Oil Export Ban - On September 17, the House Energy and Commerce Committee passed a bill to end the 40-year-old ban on the export of domestic crude oil. The Committee vote was passed by a Republican...more

Unfairly-Priced Imports Hurt U.S. Market Prices in Several Ways

by King & Spalding on

Unfairly-priced imports in the U.S. market affect the prices U.S. producers receive in several ways, including an impact on supposedly "fixed" long-term contract prices. For some consumer goods, lower prices can increase...more

Court Of Chancery Explains The Continuing Wrong Doctrine

by Morris James LLP on

It is settled law that a cause of action accrues when the wrong is committed, not when its effects continue to be felt in the future. But as this decision makes clear, that is not always the case. When additional wrongdoing...more

European Competition Law Newsletter – May 2015

by McGuireWoods LLP on

On 15 April 2015, the European Commission (EC) sent a Statement of Objections (preliminary statement of case) to Google alleging the company has abused its dominant position in the markets for general internet search services...more

Generic Drug Price Hike Investigations Target Lannett

Since we last reported on state and federal investigations into recent generic drug price increases, the investigations have moved forward against Philadelphia-based Lannett Co. On November 20, a Senate healthcare...more

Rising Number of Class Actions Targeting Outlet Stores Based on Claims of False and Deceptive Advertising

by Reed Smith on

1. Class Action Lawsuits Have Been Filed Against Retailers That Operate Outlet Stores Based on Their Alleged Pricing Claims - Plaintiffs’ class attorneys have a new target in sight and it is outlet shopping. In the...more

August 2013: Class Action Litigation Update - Retail Pricing: The New Class Action Beachhead.

“Labels matter.” With those two words, penned in Kwikset v. Superior Court, 51 Cal. 4th 310 (2011), the California Supreme Court opened up a new frontier for class actions against product manufacturers and retailers. Any...more

Federal Court Dismisses Class Action Complaint Based on Pre-Complaint Offer of Settlement

In Datascope Analytics, LLC v. Comcast Cable Communications, Inc., No. 13-608, 2013 U.S. Dist. LEXIS 70215 (E.D. Pa. May 17, 2013), the District Court dismissed a proposed class action at the inception of the lawsuit because...more

California Consumers Have Standing to Sue When Merchandise Is Falsely Advertised as “On Sale”

The Ninth Circuit has held that allegations a consumer was misled into purchasing merchandise based on false advertising that the items had been marked down from a fictitious “original” price are sufficient to confer standing...more

Comparing Suicide Pricing by Lawyers and Antitrust Claims for Below-Cost Pricing

by Valorem Law Group LLC on

Seemingly unrelated, the WSJ’s discussion of antitrust claims challenging below-cost pricing (Antitrust Busters with Gavels, 4/26/2013) and the Internet tabloid Above the Law’s discussion of increased use of “suicide pricing”...more

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