News & Analysis as of

Discount Pricing

How Can a Happy Hour Get Better? Unlimited Happy Hours for Pennsylvania Breweries, Distilleries and Wineries

In addition to a happy New Year, there is about to be an unlimited amount of “happy” at many Pennsylvania alcohol manufacturers! Recently, the Pa.L.C.B. released a Legal Advisory Opinion addressing several questions on...more

Beware of Listing Phantom Prices: Ann Taylor Settles False Discount Class Action

by Bryan Cave on

Fashion retailer Ann Taylor has settled a false discounting class action in New York federal court alleging that prices at its outlet stores were listed as “marked down” from prices that never applied to the items. The named...more

OIG Issues Advisory Opinion to Pharmacy

On September 7, 2017, the HHS Office of Inspector General (OIG) issued an Advisory Opinion to the owner of a retail pharmacy chain (Pharmacy) that would allow Federal health care program beneficiaries to participate in a paid...more

FAS again clarifies issues of applying the Retail Law with respect to discounts

by Dentons on

On 9 June 2017 the Federal Antimonopoly Service of the Russian Federation (“FAS”) published on its website the latest clarifications with respect to Article 9 of the Retail Law determining the terms on the price of products...more

The Price Is Not Right: Class Action Risks of Comparative Price Advertising

“Was that retail ‘bargain’ you received really a bargain?” That is the question being asked by a recent spate of lawsuits filed against prominent retailers. Most of these actions have been brought as private party class...more

FCA Issues to Watch: Pharmaceutical and Device Developments | INSIDE THE FCA

by Bass, Berry & Sims PLC on

The government’s FCA enforcement efforts have continued to focus on key areas concerning the pharmaceutical and medical device industries. In fact, drug and device manufacturers accounted for nearly half of the enforcement...more

How Big Retailers Can Avoid Newest Wave of Deceptive Price Advertising Lawsuits

by Perkins Coie on

Los Angeles City Attorney Mike Feuer last week announced the filing of four lawsuits against some of the largest retailers in the United States, accusing them of misleading customers by advertising a “sales price” alongside...more

GAO, OIG Issue Reports on Medicare Part B Drug Payment Issues

by Reed Smith on

The HHS Office of Inspector General (OIG) and the Government Accountability Office (GAO) recently issued several reports on various Medicare Part B drug reimbursement issues. In a report entitled “Medicare Part B: Data on...more

GAO Report Suggests Discount Coupons Impact Medicare Spending for Part B Drugs

Last month, the U.S. Government Accountability Office (GAO) released a report in which it found that manufacturer drug coupon programs for privately insured patients could potentially cause the Medicare Part B program to...more

2 for 1—Private and Government Actions Regarding Price Comparisons

Amazon made recent news for pricing items without stating a list price or whether an article was on sale or was offered at a discounted cost. The policy was based on the idea that Amazon's numerous Prime members would buy...more

Advertising Law - August 2016 #2

Electric Toothbrushes Battle It Out Before NAD - In a battle over electric toothbrushes, the National Advertising Division determined that Procter & Gamble can support superiority claims for its Oral-B models challenged...more

Narrowing the Gap for the Price-Cost Test: Lessons From Eisai v. Sanofi-Aventis

by Latham & Watkins LLP on

For companies that rely on price discounting as a sales and marketing tool, navigating antitrust risk can be difficult. Lower prices always benefit customers in the short run, but economic theory creates room for plaintiffs...more

Is That a Carrot or a Stick in Your Hand? The Third Circuit Examines the Line Between Competition and Coercion in De Facto...

by BakerHostetler on

We recently wrote about attempts to force exclusivity onto customers. But firms with large or dominant market shares often must walk a fine line between properly offering customers percentage-based discounts and improperly...more

The Katten Kattwalk | Issue 09

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more...more

Drug Manufacturer Discount Cards: Accept With Caution

by BakerHostetler on

Pharmaceutical manufacturer discount card usage by government program beneficiaries has been an active area for government action in recent years. In a September 2014 Special Advisory Bulletin, the U.S. Department of Health...more

Civil Rights – Unruh Civil Rights Act – Standard to be Applied

by Low, Ball & Lynch on

Daniel Javorsky v. Western Athletic Clubs, Inc. - Court of Appeal, First Appellate District (December 11, 2015) - The Unruh Civil Rights Act (“Act”) provides that all persons are free and equal, and no matter what...more

District Court in D.C. Vacates HHS’ Interpretive Rule Regarding Orphan Drug Exclusion from 340B Discount Pricing

by Arnall Golden Gregory LLP on

In what amounts to a victory for the pharmaceutical industry, on October 14, 2015, the U.S. District Court for the District of Columbia vacated the interpretive rule issued by the U.S. Department of Health and Human Services...more

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