On June 29, 2023, the Federal Trade Commission published a Notice of Proposed Rulemaking that would dramatically expand HSR reporting requirements. The historic changes fundamentally alter the HSR reporting landscape,...more
7/12/2023
/ Acquisitions ,
Antitrust Division ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Limited Partnerships ,
Mergers ,
Non-Controlling Interests ,
Notice of Proposed Rulemaking (NOPR) ,
Reporting Requirements ,
White Papers
On June 15, 2023, the Federal Trade Commission’s Bureau of Competition issued a statement on the relationship between voluntary interviews with the agency and contractual provisions that require or limit the disclosure of...more
A Unique Resource for Businesses Managing Price Gouging Compliance -
The Proskauer on Price Gouging Compendium provides a detailed analysis of price gouging statutes over the 2020 to 2023 pandemic period, covering how...more
Private equity firms and fund managers continue to see an increase in regulatory action from the federal government. On the heels of the rapidly approaching deadline for BE-12 filing and the DOJ's increased use of Section 8...more
4/7/2023
/ BEA ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Filing Requirements ,
Form BE-12 ,
Fund Managers ,
Investigations ,
Popular ,
Private Equity ,
Private Equity Firms ,
Private Equity Funds ,
Section 8 ,
The Clayton Act
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
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
The DOJ continued its transformation of long-standing antitrust policy on February 3rd, withdrawing a slate of long-standing antitrust policy statements addressing healthcare markets and providers. The three guidance...more
Primary HSR filing threshold will be increased to $111.4 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually in alignment with prior...more
Antitrust claims in a class action case filed against Amazon in U.S. Federal District Court will largely proceed, after the Court allowed most of the consumers’ pricing claims to survive a motion for summary judgment. The...more
While states continue to lift their COVID related states of emergency, new price gouging claims are being made and ongoing price gouging litigation continues to wind through the courts. The federal government also now...more
Antitrust and tech is in the legal news almost daily, and often multiple times a day. Here are a few recent developments with notable implications that may have flown under the radar: 1) renewed focus on gig economy issues;...more
One of the bellwether price gouging cases from the early days of the COVID-19 pandemic was recently reversed and remanded by New York’s First Judicial Department of the Appellate Division.
New York Attorney General...more
New York State Attorney General Letitia James has filed a petition to compel Tyson Foods to comply with a subpoena in connection with ongoing price gouging investigations by the state. New York’s price gouging statute...more
On July 11, 2022, the United States District Court for the District of Kansas approved a $264 million settlement against Mylan and certain of its subsidiaries in the case In Re EpiPen (Epinephrine Injection, USP) Marketing,...more
7/29/2022
/ Anti-Competitive ,
Bribery ,
Class Action ,
Kickbacks ,
Motion to Dismiss ,
Mylan Pharmaceuticals ,
Patents ,
Pfizer ,
Pharmaceutical Industry ,
Price Gouging ,
RICO ,
Settlement ,
Sherman Act
Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency...more
7/13/2022
/ Baby Products ,
California ,
Consumer Product Companies ,
Consumers ,
Executive Orders ,
Food & Drug Regulations ,
Food Supply ,
Local Ordinance ,
New Legislation ,
Price Gouging ,
Retail Market ,
Supply Chain
On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more
6/9/2022
/ Baby Products ,
Business Disruption ,
Comment Period ,
Consumer Product Companies ,
Federal Trade Commission (FTC) ,
Food Products . ,
Food Supply ,
Manufacturers ,
Price Gouging ,
Retail Market ,
Suppliers ,
Supply Chain ,
Supply Shortages ,
Unfair or Deceptive Trade Practices
Two federal price gouging bills were recently introduced in Congress. Senator Elizabeth Warren led the introduction of the Price Gouging Prevention Act of 2022. The bill prohibits “unconscionably excessive price[s]” at any...more
5/20/2022
/ Baby Products ,
Biden Administration ,
Corruption ,
Defense Production Act ,
Goods or Services ,
Price Gouging ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
3/21/2022
/ Antitrust Provisions ,
Antitrust Violations ,
Doing Business ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
Regulatory Standards ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
Primary HSR filing threshold will be increased to $101 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for prior year...more
1/27/2022
/ Antitrust Division ,
Antitrust Provisions ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Interlocking Directorate ,
Pre-Merger Filing Requirements ,
Premerger Notifications ,
Section 8 ,
Size of Persons Test ,
Size of Transaction Test ,
The Clayton Act ,
Threshold Requirements
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
2021 will be remembered in antitrust law. Not since the 1970s has there been so much chatter over the fundamental purposes of antitrust policy, or such potential for actual sea change.
Originally published in Law360 -...more
1/5/2022
/ Acquisition Agreements ,
Anti-Competitive ,
Antitrust Provisions ,
Competition ,
Consent Decrees ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Merger Agreements ,
Merger Controls ,
Merger Reviews ,
Regulatory Agenda ,
Sherman Act ,
Vertical Mergers ,
Warning Letters
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
12/2/2021
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Corruption ,
Goods or Services ,
Infectious Diseases ,
New York ,
Price Gouging ,
Price Inflation ,
Retail Market ,
State of Emergency ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices
With a rash of changes since Chair Lina Khan took command, the Federal Trade Commission is proving the maxim that the only certainty is uncertainty.
Its new policy of issuing warning letters to deals that have...more
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
11/2/2021
/ Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Enforcement Actions ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Putative Class Actions ,
Retail Market ,
Supply Chain ,
Unfair or Deceptive Trade Practices