If there is a silver lining to the extended application of most state price gouging laws, it is that we now know more about their ramifications. State attorneys general have launched numerous investigations and brought many...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
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
Florida Governor Ron DeSantis recently made headlines around the country by announcing that he was lifting physical distancing restrictions on restaurants and other businesses in Florida. The Governor’s order allows...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
On September 23, 2020, the New York Supreme Court dismissed Attorney General Letitia James’ lawsuit against Quality King Distributors alleging that the wholesaler unlawfully increased the price of its Lysol products. In a...more
9/29/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Bargaining Power ,
Chain of Distribution ,
Coronavirus/COVID-19 ,
Goods or Services ,
NY Supreme Court ,
Price Gouging ,
Price Inflation ,
State Attorneys General ,
Supply and Demand ,
Supply Chain ,
Unfair or Deceptive Trade Practices
Six months into the states of emergencies triggered by the COVID-19 pandemic, there is a sizeable amount of data on how prices have actually moved, potentially leading to more private actions as plaintiffs’ now have the...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
Price gouging laws have become more relevant than ever, but a historical review reveals that price gouging laws may be a historically recent, and misguided development. It was not until 1979 that New York State enacted the...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
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
9/3/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Goods or Services ,
Market Manipulation ,
Masks ,
Natural Disasters ,
Personal Protective Equipment ,
Price Gouging ,
Price-Fixing ,
State Attorneys General ,
State of Emergency ,
Unfair or Deceptive Trade Practices
Price gouging enforcement is at an all-time high, but many ambiguities about the application of these state laws remain. Among the many questions left unanswered: what does a statute mean when it says “trade area” or “market...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
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
8/18/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Coronavirus/COVID-19 ,
Federal Trade Commission (FTC) ,
Goods or Services ,
Internet Retailers ,
Legislative Agendas ,
Price Gouging ,
Public Health Emergency ,
Regulatory Agenda ,
Retailers ,
State Attorneys General
Businesses may be wondering whether there is increased risk of price gouging liability when they impose higher penalty terms, ask for higher up-front payments, raise rates, or otherwise seek terms that may be more burdensome....more
8/17/2020
/ Bargaining Power ,
Coronavirus/COVID-19 ,
Goods or Services ,
Natural Disasters ,
Penal Code ,
Price Gouging ,
Price-Fixing ,
Question of Law ,
Retailers ,
State Attorneys General ,
Unfair Advantage ,
Wholesale
Private plaintiffs and state enforcers have been targeting businesses up and down the supply chain for price gouging violations. Some of these actions have been over the price of goods long associated with the COVID-19...more
8/17/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price-Fixing ,
Public Health Emergency ,
State Attorneys General ,
State of Emergency ,
Statute of Limitations ,
Supply Chain ,
Unfair or Deceptive Trade Practices
Most price gouging laws have been in effect throughout the country since early March due to the pandemic. As hurricane season gets underway, businesses should be aware that new states of emergency may be declared, overlapping...more
Price gouging statutes typically operate by setting a baseline over which any price increase is presumptively illegal, subject to various exemptions. But different states use different formulas for their baselines. Businesses...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
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
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
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