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Jones Day

European Commission Proposes Further Prohibitions of Territorial Restrictions on Branded Products

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Future prohibition on territorial supply constraints would expand EU law to prohibit certain unilateral conduct by large manufacturers....more

Seyfarth Shaw LLP

Federal Court Denies Dealer Challenge To OEM Internet Sales Policy - Seyfarth's Future of Automotive Series

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A Massachusetts federal court recently granted summary judgment in favor of a motorcycle manufacturer and dismissed claims by a dealer who argued the manufacturer’s internet sales policy breached the dealer agreement between...more

McCarter & English, LLP

FTC Sues Southern Glazer’s for Price Discrimination and Revives the Robinson-Patman Act

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The Federal Trade Commission (FTC) recently filed a complaint in federal court alleging Southern Glazer’s Wine and Spirits LLC (Southern Glazer) violated the Robinson-Patman Act (RPA), a price discrimination law....more

DLA Piper

Food and Beverage News and Trends - December 2024 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FSIS moving to strengthen oversight of food processing facilities with focus on...more

Troutman Pepper Locke

FTC Wins Preliminary Injunction of "Accessible Luxury" Handbag Transaction

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A New York federal court’s recent decision to enjoin the merger of two fashion companies gave the Federal Trade Commission (FTC) and the 2023 Merger Guidelines a boost. Since the issuance of the draft merger guidelines in...more

Troutman Pepper Locke

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

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A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Cohen & Gresser LLP

The Return of Price Discrimination Enforcement: What Every Business Needs to Know

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The rumors of the death of price discrimination enforcement may have been greatly exaggerated. The Robinson-Patman Act (“RPA”) (15 U.S.C. §13), enacted in 1936, prohibits price discrimination by producers and resellers of...more

Mayer Brown

UK Competition and Markets Authority (CMA) reminds fashion retailers that it's not so easy to claim you're green

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The UK Competition and Markets Authority ("CMA") has announced that three fashion retailers have signed voluntary undertakings to ensure that consumers have a clearer idea of how green their clothes really are. At the end of...more

Jones Day

China's Supreme Court Ruling Likely to Prompt More Follow-on Antitrust Litigation

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In Short - The Development: China's Supreme People's Court recently ruled for the plaintiff in Miao Chong v. SAIC-GM, which marked a rare triumph for a plaintiff in antitrust litigation as a follow-on to an administrative...more

Polsinelli

What’s Old Is New Again: Reviving “Fairness” With Renewed FTC Price Discrimination Enforcement And What That Means For Companies

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On January 10, 2023 Politico reported that the Federal Trade Commission (“FTC”) has launched antitrust investigations into Pepsi and Coca Cola. According to the article, the “companies’ pricing strategies are being...more

Polsinelli

Antitrust Enforcers’ First “Listening Forum” On Merger Reform Highlights Ongoing Concerns in the Food and Agriculture Industry

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In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Proskauer - Minding Your Business

Revisiting Price Gouging Compliance

With the Biden administration ramping up scrutiny on supply chains and pricing practices, businesses should take a moment to revisit their COVID-19 price gouging compliance.  As we’ve previously highlighted, risk management...more

Proskauer - Minding Your Business

Price Gouging Updates: Warren Accuses Large Corporations of Price Gouging; Plaintiffs Respond in Amazon Price Gouging Case

In an interview on All In with Chris Hayes in January, Sen. Elizabeth Warren, D-Mass., claimed that a factor causing the high prices facing U.S. consumers is “giant corporations who say, wow, a lot of talk about high prices...more

Proskauer - Minding Your Business

What the Omicron Variety Could Mean For Price Gouging Enforcement in New York

New York Governor Kathy Hochul has declared a disaster emergency for the state through January 15, 2022 in the wake of rising COVID-19 cases in the state and the newly identified Omicron variant. According to The Wall Street...more

Proskauer - Minding Your Business

Price Gouging Litigation Continues Apace

As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more

Proskauer - Minding Your Business

Minnesota Files Price Gouging Suit Against Egg Producer

Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more

The Volkov Law Group

DOJ’s Criminal Cartel Prosecution of Chicken Industry Expands Net — Koch Foods and Four Pilgrim’s Pride Executives Charged

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The Justice Department’s Antitrust Division continues to target a sprawling cartel investigation of the chicken industry.  In its most recent action, the Justice Department announced an indictment of Koch Foods and four...more

Bilzin Sumberg

Salmon Price-Fixing Litigation Survives Dismissal

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On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more

Bilzin Sumberg

Chicken Criminal Price-Fixing Case Heats Up

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As the Bilzin Sumberg team previously reported in June 2020, the Department of Justice (DOJ) indicted four executives from Pilgrim’s Pride and Claxton Poultry for their participation in a conspiracy to fix prices and rig bids...more

The Volkov Law Group

DOJ Adds Six New Defendants to Price-Fixing Boiler Chicken Conspiracy

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The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy....more

Proskauer - Minding Your Business

Introducing a New Product or Service? Why Price Gouging Laws May Still Apply

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

The Volkov Law Group

Antitrust Compliance Lessons Learned from Chicken Price-Fixing investigation and Indictment (Part III of III)

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The Antitrust Division’s recent indictment of the boiler chicken executives provided an important reminder to compliance officers on the importance of an effective antitrust compliance program....more

The Volkov Law Group

The Criminal Chicken Price-Fixing Conspiracy (Part II of III)

The Volkov Law Group on

The recent indictment of four executives involved in a long-running price-fixing scheme among broiler chicken suppliers provides an important window into how such conspiracies work and evade detection....more

The Volkov Law Group

Justice Department’s Antitrust Division Charges Four Executives in Chicken Price-Fixing Investigation (Part I of III)

The Volkov Law Group on

The Justice Department’s Antitrust Division recently announced the indictment in Colorado federal court of four executives from two chicken producer companies for participation in a long-running price-fixing and bid-rigging...more

Shook, Hardy & Bacon L.L.P.

COVID-19 Client Primer | Consumer Protection Enforcement Challenges in the Age of COVID-19

The Federal Trade Commission (FTC), in its mission to protect consumers from deceptive and unfair commercial practices, has been particularly vigilant during the COVID-19 pandemic because of an expected increase in outright...more

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