Subro Sense Podcast - Unpacking Product Claims Against Amazon
Artificial intelligence (AI) and algorithmic pricing tools are transforming competition law enforcement at an unprecedented pace. ...more
On March 13, 2026, the Federal Trade Commission (FTC) announced that it is sending warning letters to 97 auto dealer groups nationwide notifying them – and the industry at large...more
Online retailers face a significant and growing litigation risk arising from how they price and advertise their products and services. So-called reference pricing cases allege that retailers have misled consumers by...more
In a Robinson-Patman Act (RPA)-related dispute between the manufacturer and wholesalers of Clear Eyes, a brand of eye drops, the U.S. Court of Appeals for the Ninth Circuit affirmed a rare jury verdict for plaintiffs....more
On March 16, 2026, New York Attorney General (AG) Letitia James rallied in support of the “One Fair Price Package” — a pair of bills aimed at curbing algorithmic and surveillance pricing in New York. Together, the bills would...more
Businesses are increasingly using artificial intelligence (AI) and algorithmic tools to set and adjust prices for consumers. These models often rely on personal data—such as location, browsing history, and demographic...more
New York has enacted potentially the most significant update to its consumer protection regime in nearly 50 years. ...more
The U.S. International Trade Commission (USITC) announced on February 26, 2026, that it is undertaking a factfinding investigation to examine Chinese state support and pricing practices in the biotechnology sector and assess...more
Have you noticed a message on your food delivery app that reads: “THIS PRICE WAS SET BY AN ALGORITHM USING YOUR PERSONAL DATA”?...more
A new wave of state action is putting algorithmic pricing practices in the spotlight. On January 27, California Attorney General Rob Bonta announced a “surveillance pricing” sweep targeting companies that charge different...more
On January 20, 2026, Republican Senators Chuck Grassley and Mike Rounds wrote the Federal Trade Commission and the Department of Justice “encourag[ing]” them “to look into potential discriminatory pricing and product supply...more
On January 27, the California attorney general announced an investigative sweep targeting businesses’ use of consumer personal information to engage in surveillance pricing. The initiative is focused on whether companies are...more
On January 28, 2026, California Attorney General (“AG”) Rob Bonta announced an investigative sweep targeting “surveillance pricing” practices among businesses in the retail, grocery, and hotel sectors. The investigation...more
Ahold and Lidl are grocery retailers. In a recent challenge before the NAD, Ahold argued that Lidl ads claiming that consumers could save when shopping at Lidl’s stores instead of Ahold’s stores—including Food Lion, Stop &...more
AB 325, which amends California’s state antitrust law, the Cartwright Act, went into effect on January 1, 2026. The amendments are significant because they create a new basis for liability for parties that “coerce” the...more
New York’s Algorithmic Pricing Disclosure Act imposes new disclosure requirements on businesses that set prices using algorithms informed by consumer personal data. ...more
In 2023, the Spanish Ministry of Consumer Affairs announced sanctions against several major online retailers for advertising Black Friday discounts deemed misleading by the authorities. The case highlights a significant shift...more
The nation recently slid past Black Friday and now is bounding through the busy holiday retail season. Retailers should be preparing for a unique challenge that awaits in the New Year. The federal government shifted U.S....more
Suppliers and sellers doing business in California that rely on pricing algorithms or shared pricing tools should review price-setting processes in light of a significant update to California’s state antitrust law....more
New York State recently enacted a law requiring companies doing business in New York to disclose when they use an algorithm based on an individual consumer’s personal data to set pricing for a good or service advertised or...more
On October 6, 2025, California Governor Gavin Newsom signed two laws amending the Cartwright Act to create two new violations specifically focused on certain uses of “common pricing algorithms” by competitors. The amendments...more
Delegating pricing or capacity management to software that learns from competitors’ data is an antitrust risk. Courts are beginning to draw the line between data-driven optimisation and algorithmic collusion. Companies...more
Recently, U.S. District Judge Jed Rakoff in Manhattan dismissed a lawsuit filed by the National Retail Federation challenging the constitutionality of New York's Algorithmic Pricing Law. ...more
The use of algorithmic pricing software, including dynamic and competitive pricing, raises fairness, antitrust and privacy concerns when the data is based on personal, nonpublic or competitively sensitive data....more
On May 9, 2025 New York Governor Kathy Hochul signed the Algorithmic Pricing Disclosure Act (the “Act”) into law. This is the first time that a state jurisdiction has mandated use of certain disclosures if consumer data has...more