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Goods or Services Antitrust Provisions

Cohen & Gresser LLP

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

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The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

Mayer Brown

The European Commission's Revised Market Definition Notice: a Defining Moment?

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Modernising Market Definition - Market definition is a foundational concept and key tool for antitrust analysis.  On February 8, the European Commission ("EC") published a final version of its Revised Market Definition...more

Morrison & Foerster LLP - Government...

Notable Provisions Of The FY 2024 National Defense Authorization Act

On December 22, 2023, President Biden signed the National Defense Authorization Act for Fiscal Year 2024 into law after bipartisan congressional majorities approved the bill earlier in the month. The annual bill authorizes...more

Orrick, Herrington & Sutcliffe LLP

New York Price Gouging Rules: 8 New Policies Businesses Need to Know

In June 2020, former Governor Andrew Cuomo signed into law legislation amending New York’s price gouging statute. One provision granted the attorney general broad authority to promulgate rules “necessary to effectuate and...more

Jones Day

Updated EU Antitrust Rules on Vertical Supply Chain Agreements Take Effect June 1

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Following an extended review, the European Commission ("Commission") has adopted revised competition law exemptions and guidance applicable to agreements in the vertical supply chain. EU antitrust law prohibits certain...more

Orrick, Herrington & Sutcliffe LLP

New York Attorney General Begins Price Gouging Rulemaking

New York Attorney General Letitia James announced earlier this spring that her office has initiated rulemaking to enforce provisions of the state's price gouging statute. This in-depth article discusses the proposed price...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

Jones Day

2022 & Beyond: Continued Challenges in the Automotive Supply Chain

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While our inboxes are flooded on a daily basis with news about how the pandemic has created supply chain and commodities issues, global organizations must think about more than just near-term issues. Although the pandemic...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 - New Media & Technology

In the Coming ‘Metaverse’, There May Be Excitement but There Certainly Will Be Legal Issues

The concept of the “metaverse” has garnered much press coverage of late, addressing such topics as the new appetite for metaverse investment opportunities, a recent virtual land boom, or just the promise of it all, where...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

Online Marketplaces Could Expose Third-Party Sellers to Price Gouging Liability

On July 2, 2021, a group of consumers filed a putative class action in Washington District Court alleging Amazon engaged in unlawful price gouging during the COVID-19 pandemic on a variety of products. The case is noteworthy...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 - Minding Your Business

New York’s Overlapping Price Gouging Laws

On June 24, 2021, New York celebrated the lifting on most COVID-19 restrictions. Governor Andrew Cuomo announced the COVID-19 state of emergency would officially expire. With the expiration of the emergency declaration, the...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - July 2021

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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 - Minding Your Business

Hard to Say Goodbye: States Are Slowly Lifting States of Emergency

In recent weeks many states have either started lifting pricing restrictions put in place during the COVID-19 pandemic or announced their plans to do so. Still, some state governments have indicated that they will continue to...more

Proskauer - Minding Your Business

A Note of Caution: Inflation, Price Increases, and the Lingering States of Emergencies

Many companies have increased prices in recent months. Reportedly, across the economy, prices “rose by 5 percent in May compared with a year ago.” Restaurants are raising prices to cover the cost of increases in wages in a...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - June 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 to our clients and friends....more

Proskauer - Minding Your Business

COVID Winds Down, but States Ramp Up Price Gouging Legislation

Even as Governors lift mask mandates and sporting events welcome fans to stadiums, some states are revisiting their price gouging laws. Recently, several states have advanced legislation to amend or create price gouging...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - June 2021

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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 - May 2021 #4

Proskauer Rose LLP on

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 - May 2021 #3

Proskauer Rose LLP on

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

Amazon to Arbitrate Price Gouging Class Action, Leaving Open Questions of Platform Liability

Class actions plaintiffs and state enforcers have tried to use state price gouging laws to hold online retailers accountable for prices set by third parties. It remains unclear, however, whether platforms will—or can, under...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - May 2021

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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

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