Unfair Pricing

News & Analysis as of

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

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

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

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

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

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

DOJ Charges Community Bank With Discriminatory Pricing Of Unsecured Consumer Loans

On February 19, the DOJ announced a settlement with a $338 million Texas community bank to resolve allegations that the bank engaged in a pattern or practice of pricing discrimination on the basis of national origin....more

Stainless Steel Sinks Industry Sees Benefits Of Relief From Unfair Imports From China By Brian McGill

Significant preliminary antidumping (“AD”) duties were imposed on imports of drawn stainless steel sinks from China on September 27, 2012, with cash deposit rates ranging from 54.25 percent to 76.53 percent. These margins had...more

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