On November 12, 2020, D.C. Attorney General Karl Racine filed a lawsuit against Capitol Petroleum Group, LLC (“CPG”), a retailer and distributor of gasoline in the District. According to Attorney General Racine, CPG...more
Out-of-network providers appear to be inflating the price of COVID-19 diagnostic and antibody tests, according to a recent America’s Health Insurance Plans (AHIP) survey. The October 2020 survey reports that out-of-network...more
11/23/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Cost-Sharing ,
Department of Health and Human Services (HHS) ,
Diagnostic Tests ,
Health Insurance ,
Out of Network Provider ,
Price Gouging ,
State Attorneys General ,
State of Emergency ,
Virus Testing
China has a very different approach to price gouging restrictions than the state level system in place in the United States. As the Chinese market is of particular importance to our readers and their businesses, operators may...more
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 for our clients and...more
Although much of the coverage relating to price gouging enforcement has focused on bad actors hoarding pandemic-related goods, businesses that make good faith efforts to comply with the panoply of price gouging restrictions...more
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
11/11/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
11/6/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
We continue to cover the patchwork of price gouging laws and enforcement actions brought under them, providing an overview of the current legal landscape. We are also following and will report on the application of price...more
11/2/2020
/ American Samoa ,
Antitrust Provisions ,
Antitrust Violations ,
China ,
Enforcement Actions ,
EU ,
Goods or Services ,
Guam ,
Navajo Nation ,
Price Gouging ,
South Africa ,
State Attorneys General ,
State of Emergency ,
Treaty on the Functioning of the European Union (TFEU) ,
UK ,
UK Competition and Markets Authority (CMA) ,
Unfair or Deceptive Trade Practices ,
Virgin Islands
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
As mentioned in our previous post, the legality of state Governors’ emergency powers have come under scrutiny during the pandemic. Michigan’s Supreme Court, for example, recently struck down Governor Gretchen Whitmer’s...more
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...more
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
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...more
Are Michigan’s Enhanced Price Gouging Provisions Undone?
As much of the country remains under various and often overlapping states of emergency, one Governor’s powers have been limited by a state supreme court. On October...more
Megamergers that deprive the American consumer of competition are illegal. But the urge to merge is often so strong that antitrust risks rarely prevent behemoths from the attempt. Long before parties sign deals, issue press...more
10/12/2020
/ Acquisitions ,
Breach of Contract ,
Competition ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hell or High Water Clauses ,
Merger Agreements ,
Mergers ,
Permanent Injunctions ,
Risk Allocation
Since the beginning of the pandemic, many governors have issued executive orders targeted at combating price gouging. However, one California state senator, Senator Thomas Umberg, proposed going a step further. In April 2020,...more
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
Florida Governor Ron DeSantis recently made headlines around the country by announcing that he was lifting physical distancing restrictions on restaurants and other businesses in Florida. The Governor’s order allows...more
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...more
On September 23, 2020, the New York Supreme Court dismissed Attorney General Letitia James’ lawsuit against Quality King Distributors alleging that the wholesaler unlawfully increased the price of its Lysol products. In a...more
9/29/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Bargaining Power ,
Chain of Distribution ,
Coronavirus/COVID-19 ,
Goods or Services ,
NY Supreme Court ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices
Six months into the states of emergencies triggered by the COVID-19 pandemic, there is a sizeable amount of data on how prices have actually moved, potentially leading to more private actions as plaintiffs’ now have the...more
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...more
Price gouging laws have become more relevant than ever, but a historical review reveals that price gouging laws may be a historically recent, and misguided development. It was not until 1979 that New York State enacted the...more
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...more
As annual supply contracts come up for renewal, businesses may be wondering whether price increases for annual contracts are permitted under the panoply of price gouging laws currently in effect. Parties may want to negotiate...more