Fashion Counsel: Pricing Strategies and Antitrust Considerations
Pricing Strategies and Antitrust Considerations
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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
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
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
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
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
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
On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more
Federal and state antitrust enforcers, as well as private plaintiffs, are actively investigating and challenging both the companies using pricing algorithms, and the software vendors or the data analytics firms providing the...more
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
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
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
In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more
The new rules follow coordinated regulatory and antitrust scrutiny of overcharging loyal customers. On 28 May 2021, the FCA published a policy statement setting out new pricing practices rules for insurers and insurance...more
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
A key issue regulators are grappling with is what antitrust liability can attach to retailers who use price matching software or other algorithms to match competitors’ online prices? In a speech made on 16 March 2017,...more