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...more
In response to the current pandemic, antitrust enforcers at the Department of Justice have been issuing business review letters at record pace. One of these business review letters addressed an inquiry from the pork industry...more
6/2/2020
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Business Review Letters ,
Coronavirus/COVID-19 ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Price Gouging ,
State of Emergency ,
USDA
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
States around the country have activated their price gouging statutes due to the COVID 19 pandemic. These temporary restrictions typically go into effect upon the declaration of a local, state or national emergency. However,...more
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
As state investigators across the country launch price gouging investigations, one thing is becoming clear – state price gouging investigations can look a lot like antitrust investigations. Price gouging enforcement is at an...more
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
State Attorneys General are not the only ones enforcing price gouging laws in the current pandemic. Many states also provide a private right of action for victims of price gouging. Depending on the state, private litigants...more
Price gouging complaints around the country have been skyrocketing and Michigan is no exception. Between March 5, 2019, and April 14, 2019, Michigan had 80 price gouging complaints. During the same period in 2020, Michigan...more
Proskauer’s antitrust practice group has developed a State Price Gouging Laws: A Coast-to-Coast Reference Guide to help your business manage price gouging compliance during the COVID-19 emergency. State price gouging measures...more
Considerations for Supply Chain Businesses -
In response to the current pandemic, state attorneys general are actively pursuing price gouging cases across the supply chain. The sudden rise in price gouging cases and the...more
Over the past month, state enforcers have declared a war on price gouging, but some of the most effective enforcers have not been the states. Online platforms and other large retailers have taken extraordinary steps to...more
4/24/2020
/ Amazon ,
Coronavirus/COVID-19 ,
E-Commerce ,
eBay ,
Internet Retailers ,
Online Platforms ,
Price Gouging ,
Product Pricing ,
Retailers ,
Sales Restrictions ,
Social Distancing
When it comes to price gouging in the Lone Star State, Attorney General Ken Paxton is sending a message: don’t mess with Texas. On March 26, 2020, AG Paxton accused Auctions Unlimited, a Texas auctioneer, of price gouging...more
In the past month, Florida’s Attorney General has received thousands of complaints about price gouging across the state. As a result, Florida is taking action...more
4/14/2020
/ Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Enforcement Programs ,
Essential Goods ,
Goods or Services ,
Price Gouging ,
Product Pricing ,
Retail Market ,
Retailers ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
Even though states are leading the way on price gouging enforcement, recent action in Congress may lead to overlapping federal government enforcement. Recent Congressional letters, statements, and proposed bills show a...more
4/14/2020
/ Coronavirus/COVID-19 ,
Crisis Management ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Infectious Diseases ,
Medical Equipment ,
Medical Supplies ,
Price Gouging ,
Proposed Legislation ,
Public Health ,
Retail Market ,
Retailers ,
State and Local Government ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
Amid the COVID-19 pandemic, New York Attorney General Letitia James has stated her office will be aggressive in prosecuting price gouging. On March 10, AG James stated, “we will not tolerate schemes or frauds designed to turn...more
In early March, California Attorney General Xavier Becerra issued a consumer alert on price gouging. Two weeks later, police in San Diego arrested eight people for price gouging. The same week, investigations by Sacramento...more
In the wake of the coronavirus pandemic's ravage on industries, markets, and entire economies, businesses are seeking help from the government, whether in the form of a bailout or some regulatory accommodation. Industries...more
As businesses across the globe grapple with the changing realities presented by the COVID-19 pandemic, U.S. and international antitrust enforcers have warned that business should continue to mind the antitrust laws. Global...more
Primary HSR filing threshold will be raised to $84.4 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As...more
1/30/2018
/ Acquisitions ,
Antitrust Provisions ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Filing Fees ,
Hart-Scott-Rodino Act ,
Mergers ,
Premerger Notifications ,
Reporting Requirements ,
The Clayton Act ,
Threshold Requirements
In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more
2/15/2017
/ Acquisition Agreements ,
Antitrust Division ,
Antitrust Provisions ,
Beneficial Owner ,
Competition ,
Department of Justice (DOJ) ,
Duke Energy ,
Enforcement Actions ,
FERC ,
Gun-Jumping ,
Hart-Scott-Rodino Act ,
Premerger Notifications ,
Tolling Agreement ,
Waiting Periods
Primary HSR filing threshold will be raised to $80.8 million -
The Federal Trade Commission has announced revisions to HSR Act and Clayton Act Section 8 thresholds, which are indexed annually to account for inflation. As...more
The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger...more
10/25/2016
/ Acquisition Agreements ,
Antitrust Provisions ,
Corporate Counsel ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Hart-Scott-Rodino Act ,
Leveraged Buyout ,
Merger Agreements ,
Pre-Merger Filing Requirements ,
Reporting Requirements ,
Size of Transaction Test
The Federal Trade Commission's Premerger Notification Office has expanded the Hart-Scott-Rodino (HSR) reporting requirements for certain leveraged buyouts. M&A practitioners generally are familiar with the HSR premerger...more
A Federal Appeals Court has sided with the FTC and preliminarily blocked the proposed merger of the largest hospitals in the Harrisburg, Pennsylvania area, and Penn State Hershey Medical Center and PinnacleHealth System. The...more