News & Analysis as of

Federal Trade Commission (FTC) Product Pricing

BakerHostetler

The First Public Meeting of the Strike Force on Unfair and Illegal Pricing: What Happened and What’s Next

BakerHostetler on

On August 1, the Federal Trade Commission (FTC) and Department of Justice (DOJ) virtually cohosted the first public meeting of the multiagency Strike Force on Unfair and Illegal Pricing (Strike Force), focused on antitrust...more

Troutman Pepper

State AGs Support FTC’s Proposed Rule Prohibiting “Junk” Fees

Troutman Pepper on

On February 7, a coalition of 19 state attorneys general (AG) filed a comment letter supporting the Federal Trade Commission’s (FTC) proposed Trade Regulation Rule on Unfair or Deceptive Fees (Rule). The state AGs echoed the...more

Arnall Golden Gregory LLP

The FTC Proposes a New Rule on “Junk Fees”

On October 11, 2023, the Federal Trade Commission (“FTC”) published its Notice of Proposed Rulemaking for a new “Rule on Unfair and Deceptive Fees” — popularly referred to as the “junk fee” rule. The new rule, which will be...more

Seyfarth Shaw LLP

From Brick & Mortar to the Web: An Overview of Federal Laws and Regulations to Consider When Operating an E-Commerce Business

Seyfarth Shaw LLP on

Long before COVID-19 affected retail companies had already started shifting to e-commerce platforms, marked by retail giants exclusively in the e-commerce space. ...more

ArentFox Schiff

Mind the Gap: Retail Pricing Remains Hot Topic in Class Action Litigation

ArentFox Schiff on

The Gap, Inc. recently settled a class action lawsuit alleging that the retailer employed a misleading pricing scheme in The Gap and Banana Republic outlets and factory stores. The plaintiffs claimed that the company, which...more

BCLP

Beware of Phantom Price Markdowns: Ruling Against Hobby Lobby Highlights Risk

BCLP on

Over the past several years, there has been a rise in class action lawsuits against retailers for allegedly deceptive price comparison advertising. Many of these lawsuits have alleged that retailers advertised “phantom”...more

Farella Braun + Martel LLP

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

BCLP

Sale Price Advertising and Fictitious MSRP Litigation

BCLP on

Section 5 of the Federal Trade Commission Act prohibits retailers from engaging in “unfair or deceptive acts or practices.” Courts consider an advertisement, whether in-store, or on-line, to be deceptive where a retailer: (1)...more

Patterson Belknap Webb & Tyler LLP

Tobacco Cases Expose Tension Between Antitrust and Public Health

A recent decision of the European Court of Justice (“ECJ”) regarding the sale of tobacco products highlights a long-standing tension between two sets of laws: antitrust/competition laws, which seek to keep products affordable...more

Kelley Drye & Warren LLP

New York Times Questions Value of “List Prices”

This weekend, The New York Times ran an article on how the “list prices” displayed on many e-commerce sites have lost their meaning. The article starts with an example of a Le Creuset iron skillet. Although the author found...more

King & Spalding

Business Lit Ledger - Fall 2015

King & Spalding on

In this Fall issue of our newsletter, you will find a review of several significant legal developments. For example, our antitrust group reviews actions taken by the Federal Trade Commission and the Department of Justice...more

Orrick, Herrington & Sutcliffe LLP

Antitrust & Competition Newsletter - April 2015

U.S. Supreme Court Holds That State Action Immunity Does Not Apply to State Boards If the Board Is Controlled by Active Market Participants - On Feb. 25, 2015, the U.S. Supreme Court held, in a 6-3 decision, that a state...more

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