Fashion Counsel: Pricing Strategies and Antitrust Considerations
Pricing Strategies and Antitrust Considerations
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Law Firm ILN-telligence Podcast | Episode 17: Michael Roch, MHPR Advisors | Zurich, Switzerland
With regulators, lawmakers, and consumers increasingly focused on pricing transparency, understanding the legal treatment of surcharges, "junk fees," and disclosure practices is more important than ever. Recent federal and...more
In our most recent “Junk Fee” Legislative Roundup, we noted that the Connecticut legislature had introduced a bill that could require companies to include mandatory fees in their prices. On June 10, 2025, Connecticut’s...more
In May the FTC’s Rule on Deceptive or Unfair Fees (the Rule) went into effect, and the FTC staff published accompanying FAQs for business. We have blogged a lot about the proposed Rule, enforcement in this space and its windy...more
On May 12, 2025, the Federal Trade Commission (FTC) enacted the Rule on Unfair or Deceptive Fees (the “Rule”), mandating that businesses disclose all mandatory fees upfront in advertised prices. This initiative aims to...more
The Canadian Competition Bureau (Canada’s FTC) has initiated an enforcement campaign targeting hotels advertising in Canada. Here’s what you need to know: - The Canadian Competition Act (the Act) prohibits “drip pricing”...more
On May 5, 2025, the Federal Trade Commission (FTC or “the Commission”) published FAQs aimed at providing consumers and businesses with information regarding the agency’s Rule on Unfair or Deceptive Fees (the “Junk Fees Rule”...more
Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more
Kilpatrick partners Michele Floyd and Evan Nadel recently presented a webinar to the Association of Corporate Counsel’s Georgia Chapter on the topic of “Marketing and Advertising in California: Compliance with the 'Honest...more
Retailers today have grown increasingly sophisticated in how they collect and use sales data and price their merchandise to optimize sales, revenue, and profits, using that information in conjunction with digital marketing...more
In a recent interview, Jonathan Kanter, the U.S. Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division, shared his thoughts on the use of technology in setting and advertising prices....more
A new California law that prohibits charging hidden fees for goods and services takes effect on July 1. After that date, all fees, with a few limited exceptions, must be disclosed at the outset of a consumer transaction and...more
On May 8, 2024, the California Attorney General’s Office released much needed and highly anticipated guidance on steps companies in California will need to take to ensure compliance with SB 478, California’s prohibition on...more
This week, the California AG’s office released a set of FAQs on California’s law addressing hidden fees. As a reminder, the law states that the following practices will be unlawful under the Consumer Legal Remedies Act...more
On February 21, 2024, Los Angeles County filed a complaint for injunctive relief and damages against Grubhub alleging that the company engaged in false and deceptive advertising and unfair business practices that harm...more
It’s that time of year again—Ad Law Symposium is back! Please join us in DC for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence. Combining the...more
Over the last ten years, nearly 300 class actions have been filed against retailers across the country, alleging that they deceived customers by advertising illusory sales or unsubstantiated reference prices. Our team is...more
In a decision issued earlier this year, Mier v. CVS Health, 2023 U.S. App. LEXIS 19472 (9th Cir. 2023), the Ninth Circuit held (per our research, for the first time) that class-wide damages models must be based on conjoint...more
Arizona AG Kris Mayes settled with Cox Communications Inc. and affiliated entities to resolve allegations that the telecommunications company violated the Arizona Consumer Fraud Act by failing to adequately disclose price...more
On September 19, Sam Levine, the director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined the agency’s priorities at the annual conference of the National Advertising Division. Here are the...more
Significant changes to consumer protection legislation in the United Arab Emirates (UAE) will take effect on 14 October, 2023. Businesses should be aware of how such legislation may impact their current operations and in turn...more
On Tuesday the FCC released a Notice of Proposed Rulemaking proposing to require cable operators and direct broadcast satellite (DBS) providers to specify an “all-in” total price for their video service, both in their...more
Over the past few weeks, we’ve posted about a few cases involving pricing claims, including a post discussing a lawsuit over a grocer’s BOGO offers, a post discussing a lawsuit over major retailer’s frequent sales, and a post...more
As discussed by ecommerce law attorney Richard B. Newman, here, the FTC’s Deceptive Pricing Guides address different types of pricing representations. These include, without limitation, representations that a current price...more
No More Social Fix for Cali Kids? New state bill targets social media addiction - Vertigo 2.0 - There’s a tidal wave of anger against social media. And every time it seems to crest, another swell comes up from...more