As the COVID-19 pandemic continues and the triggering states of emergencies are largely extended, companies are increasingly focused on compliance with state price gouging statutes. State attorneys generals have launched...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...more
7/27/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Consumer Protection Laws ,
Coronavirus/COVID-19 ,
Goods or Services ,
Joint Task Force ,
Masks ,
Personal Protective Equipment ,
Price Gouging ,
State Attorneys General ,
State of Emergency ,
Unfair or Deceptive Trade Practices
State price gouging laws do not typically address product improvements or reformulations. Still, businesses should consider price gouging restrictions when releasing “new and improved” products, as the same pricing...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...more
7/21/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
While price gouging is often discussed in the context of existing products, new products and services may be covered as well. As a result, businesses looking to introduce new products during a price gouging emergency can seek...more
7/21/2020
/ Antitrust Provisions ,
Coronavirus/COVID-19 ,
Essential Goods ,
Goods or Services ,
Postproduction Costs ,
Price Comparisons ,
Price Gouging ,
Product Pricing ,
Rebuttable Presumptions ,
Retail Market ,
State Attorneys General ,
Unfair or Deceptive Trade Practices
With the federal government’s increasing focus on enforcing price gouging compliance, attention has turned to the Defense Production Act (the “DPA”). Passed in 1950 in response to the Korean War, the DPA is modelled on the...more
7/17/2020
/ Antitrust Provisions ,
CARES Act ,
Coronavirus/COVID-19 ,
Defense Production Act ,
Department of Defense (DOD) ,
Department of Health and Human Services (HHS) ,
Department of Justice (DOJ) ,
Medical Supplies ,
Natural Disasters ,
Personal Protective Equipment ,
Price Gouging ,
Trump Administration
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
7/14/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Goods or Services ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
Personal Protective Equipment ,
Price Gouging ,
Price-Fixing ,
Public Health Emergency ,
State Attorneys General
The pandemic has demonstrated that price gouging laws are not only written in an ambiguous manner, but are ambiguous as to whether they are in effect or not. A recurring problem faced by businesses is that some states are not...more
7/10/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Executive Orders ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
What’s New in Version 2 -
To help businesses navigate state price gouging statutes, we have updated this guide with revised content addressing new developments in state price gouging laws and emergency measures currently...more
7/2/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Unfair or Deceptive Trade Practices
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
During the pandemic, businesses are asking about their potential price gouging liability in states that they do not sell into directly but where their products might end up. At least one federal circuit court addressed this...more
6/29/2020
/ Constitutional Challenges ,
Dormant Commerce Clause ,
Drug Wholesaling ,
Extraterritoriality Rules ,
Generic Drugs ,
Out-of-State Companies ,
Price Gouging ,
State Attorneys General ,
State of Emergency ,
Supply Chain ,
Wholesale
As businesses figure out how to be creative and continue to operate during the pandemic, some have turned to “Covid surcharges” to account for new or increased costs. “Surcharges” may seem more benign than direct price...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...more
Despite the continued implementation of state price gouging laws, many companies have been able to legally raise their prices by relying on exceptions related to cost increases. Many have asked whether the exception...more
As new restrictions addressing the economic impacts of COVID-19 continue to be proposed, some are targeting price increases for services. Businesses may want to re-familiarize themselves with the “services” covered by...more
6/19/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
FTC Act ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Public Health Emergency ,
State Attorneys General ,
State of Emergency ,
Unfair or Deceptive Trade Practices
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
On June 3, 2020, Proskauer’s Antitrust Group hosted a webinar on what supply chain businesses should know about price gouging laws and regulations, and, during and after the webinar, we fielded some thoughtful follow-up...more
6/12/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Enforcement Actions ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Retailers ,
State Attorneys General ,
State of Emergency ,
Statute of Limitations ,
Supply Chain
During the current COVID emergency, every state that has price gouging laws on its books has activated them. States without official statutes are regulating prices by executive order or existing consumer protection and unfair...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...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