News & Analysis as of

Competition Pricing

McCarter & English, LLP

Antitrust Considerations in Preferred Vendor and Loyalty Program Agreements

Companies in a wide range of industries commonly develop incentive programs for vendors, including preferred vendor or loyalty programs, to increase sales or establish loyalty. Acceptance of the terms and conditions of these...more

Foley & Lardner LLP

Pricing Under Pressure: Prepare for Enhanced Antitrust Scrutiny amid Tariff Uncertainty

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In an era of increased tariff pressures, U.S. antitrust enforcers have signaled that they remain vigilant for attempts by businesses to exploit the situation through anticompetitive conduct, especially in sectors already...more

The Volkov Law Group

DOJ Adopts Aggressive Stance Against Algorithmic Coordination in Multiplan Antitrust Filing

The Volkov Law Group on

Recently, the Antitrust Division of the United States Department of Justice submitted a Statement of Interest in In re: Multiplan Health Insurance Provider Litigation, a class action presently pending before the United States...more

Axinn, Veltrop & Harkrider LLP

Axinn Associates at the Antitrust Spring Meeting: Examining Algorithmic Pricing Tools

The Spring Meeting is the largest gathering of competition, consumer protection, and data privacy profes­sionals globally, with lawyers, academics, economists, enforcers, journalists, and students from around the world....more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, V 2, Issue 3, March 2025

Welcome to our third issue of 2025 of The Health Record -- our healthcare law insights e-newsletter. In this edition, we look at the possible expiration of telehealth flexibilities for Medicare patients, the potential...more

BCLP

Will This Be on the Exam? FTC Staff Issues Two Initial Reports on Surveillance Pricing

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On January 17, 2025, the staff at the Federal Trade Commission (FTC) released their first results from the FTC’s Surveillance Pricing market study. The FTC staff reports, including both a “staff perspective” and an “issue...more

BCLP

The FTC and State Case Against Amazon Highlights Risks and Impacts from Using Pricing Algorithms

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Both the Federal Trade Commission (FTC) and the Department of Justice’s Antitrust Division have focused their sights on big technology companies. Understanding the precedents set by these suits is critical for clients...more

Sheppard Mullin Richter & Hampton LLP

[Webinar] Competition Crosshairs on the Food and Beverage Industry: DOJ and FTC Priorities in a Changing Administration - November...

Antitrust has taken center stage under the Biden Administration, and the Food and Beverage industry has been one of the main targets of increased enforcement by the Federal Trade Commission (“FTC”) and Department of Justice,...more

K&L Gates LLP

DOJ Speaks Again: Information Exchanges Can Constitute Stand-Alone Violation of Antitrust Laws

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The US Department of Justice Antitrust Division (DOJ) continues to send strong warnings to companies sharing information outside of their organizations, including through third-party reporting services or pricing software,...more

Goodwin

Five Steps Hotel Owners, Operators, and Management Companies Can Take to Mitigate Risk in the Face of Heightened Antitrust...

Goodwin on

Revenue-management tools are ubiquitous across sectors, but many hotel owners, operators, and management companies use such tools on a daily basis. As these products have improved, many have incorporated algorithms enabling...more

Kerr Russell

Price Collusion in the Crosshairs

Kerr Russell on

There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Alston & Bird

FTC and DOJ Host First Public Meeting of the Strike Force on Unfair and Illegal Pricing

Alston & Bird on

At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward....more

Morrison & Foerster LLP

The FTC and DOJ Enlist the Public in Latest Attack on Serial Acquisition Strategies

On May 23, 2024, the Federal Trade Commission (“FTC”) and the Department of Justice (“DOJ”) Antitrust Division announced a Request for Information (“RFI”) seeking information from the public to “identify serial acquisitions...more

Ervin Cohen & Jessup LLP

California Attorney General Office Issues Much Needed Guidance On “Honest Pricing” Requirements

On May 8, 2024, the California Attorney General’s Office released much needed and highly anticipated guidance on steps companies in California will need to take to ensure compliance with SB 478, California’s prohibition on...more

Morgan Lewis

AI and Algorithmic Pricing: Current Issues and Compliance Considerations

Morgan Lewis on

While algorithmic pricing has been used in many industries for decades, with the rapid development of artificial intelligence (AI) technology, antitrust enforcers, legislators, and private plaintiffs have been actively...more

Barnea Jaffa Lande & Co.

Algorithm-Based Pricing – the Next Challenge in Competition Law?

The uptrend in businesses’ use of artificial intelligence (AI) now includes algorithm-based pricing, which is raising concerns about harm to competition. More and more companies have been implementing algorithm-based pricing...more

White & Case LLP

JFTC Report: Competition policy and antitrust law perspective on the initial public offering (IPO) pricing process

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On January 28, 2022, the Japan Fair Trade Commission ("JFTC") published a report "Understanding the reality of the public offering price setting process in the initial public offerings (IPOs)" ("Report"). The Report was...more

K&L Gates LLP

Brussels Regulatory Brief: June - July 2021

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ANTITRUST AND COMPETITION - The French Competition Authority (FCA) Fined a Watchmaker for Obstruction of an Antitrust Investigation - On 9 July 2021, the FCA fined a watchmaker for failing to respond to a request for...more

K&L Gates LLP

Enforcement of Customer-Competitor Infringements and Price Monitoring Tools Intensifies

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Two recent developments in the European competition enforcement sphere provide a warning for brands when engaging with their retailers with whom they compete and when using price monitoring tools to monitor the third party...more

Hogan Lovells

Algorithms in the spotlight of antitrust authorities

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Joint study by the Bundeskartellamt (German Cartel Office) and the Autorité de la concurrence (French Competition Authority) indicates need for higher compliance standards - Digital ubiquity, and the resulting rules, do not...more

Skadden, Arps, Slate, Meagher & Flom LLP

Intel Ruling: General Court Failed to Examine All of Intel’s Arguments, Court of Justice Says

On September 6, 2017, the Court of Justice of the European Union (CJEU) quashed the 2014 judgment of the General Court (GC) that upheld a fine of €1.06 billion ($1.5 billion) on Intel Corporation Inc. (Intel) for abusing a...more

BCLP

EU & Competition Law Update – August 2016

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EU: Regulatory Scrutiny of Online Hotel Booking Continues - 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...more

McDermott Will & Emery

European Court of Justice Rules that a Scottish Law Establishing Minimum Unit Pricing for Alcoholic Drinks May Violate EU Law

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On 23 December 2015, the Court of Justice of the European Union (ECJ) – Europe’s highest court – ruled that a Scottish law establishing minimum unit pricing for alcoholic drinks may violate European Union law. The case...more

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