News & Analysis as of

Antitrust Provisions Supply Chain Unfair or Deceptive Trade Practices

DLA Piper

Puerto Rico Department of Consumer Affairs Reactivates its Office Against Discrimination in Commerce

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The Puerto Rico Department of Consumer Affairs (DACO, per its acronym in Spanish) reactivated its Office Against Discrimination in Commerce (OADC) in September 2024 to ensure Puerto Rican consumers receive fair and equal...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

Proskauer - Minding Your Business

Price Gouging Updates: Warren Accuses Large Corporations of Price Gouging; Plaintiffs Respond in Amazon Price Gouging Case

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

Proskauer - Minding Your Business

What the Omicron Variety Could Mean For Price Gouging Enforcement in New York

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

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

Minnesota Files Price Gouging Suit Against Egg Producer

Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - February 2021 #2

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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 for our clients and friends....more

Proskauer Rose LLP

Price Gouging Weekly Round Up - November 2020 #2

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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 Rose LLP

Price Gouging Weekly Round Up - November 2020

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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

NY Court Embraces the Law of Supply and Demand, Shows Hostility to Price Gouging Complaint

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

Bilzin Sumberg

Egg Supplier Scrambling As Pandemic Price-Gouging Enforcement Heats Up

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Earlier this month, the Attorney General’s Office of the State of New York filed a lawsuit  in New York Supreme Court against Hillandale Farms alleging that the company gouged egg prices during the COVID-19 pandemic....more

Jones Day

Avoiding Price-Gouging Pitfalls While Navigating Price Increases in the Era of COVID-19

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As COVID-19 continues to impact communities across the country—causing many state and local authorities to extend (or reinstate) emergency orders and other pricing restrictions—the road companies must travel to implement...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

Price Gouging Weekly Round Up - July 2020

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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 Rose LLP

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

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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

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

The Volkov Law Group

Treasury, State Department and Coast Guard Issue Advisory and Guidance on Maritime Industry Deceptive Shipping Practices

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In response to an increase in deceptive shipping practices, on May 14, 2020, the State Department, Treasury Department and the Coast Guard issued a warning to the maritime industry, and those involved in the energy and metals...more

Orrick, Herrington & Sutcliffe LLP

Governor Cuomo Signs COVID-19 Legislation Expanding NY Price Gouging Law to Include Personal Protection Equipment and Increasing...

On June 6, New York Governor Andrew Cuomo signed into law legislation (S.8189) that strengthens the state’s price gouging statute, in response to COVID-19. The legislation expands the current price gouging statute by...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l June 2020

SPOTLIGHT - COVID-19 Brings Price-Gouging Litigation To California - California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted...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

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Trademarks and Price Gouging

Using Trademark Law to Combat Reputational Harm from Third-Party Price Gouging - The COVID-19 outbreak has created unforeseeable, yet critical, need for certain products. Unfortunately, some see shortages in the supply of...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2020

Examining Price-Gouging Allegations During COVID-19 Pandemic - Shook Partner Katie Gates Calderon and Associate Elizabeth Fessler have authored “Best Practices for Food and Beverage Pricing Right Now” for Law360, which...more

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