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Retailers Antitrust Provisions

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

McDermott Will & Emery

Navigating the Regulatory Landscape for Private Label Alcohol

Private labels are not a new concept – many consumers have purchased private label products for years, but their use is becoming more prevalent and ubiquitous in the market as demand for private labels continues to rise. ...more

ArentFox Schiff

Revitalizing Retail: What Saks Global Means for the Luxury Market and the Future of Department Stores

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On December 23, 2024, Hudson’s Bay Company, the parent company of Saks Fifth Avenue, completed its acquisition of Neiman Marcus Group, the parent company of Neiman Marcus and Bergdorf Goodman, for $2.7 billion following years...more

BCLP

The Amazon Regrows: DC High Court Revives Suit Against Amazon’s Pricing Practices

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On August 22, 2024, the DC Court of Appeals revived a suit brought by the District of Columbia Attorney General’s Office (DC AG) against Amazon. The suit, which the superior court previously dismissed, alleges that Amazon’s...more

Lathrop GPM

Illinois Federal Court Denies Alcohol Distributors’ Motion to Dismiss Online Competitor’s Complaint for Alleged Violations of...

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An Illinois federal court recently denied a motion by Southern Glazer Wine and Spirits, LLC and Republic National Distributing Company, LLC (RNDC) to dismiss various claims for violations of state and federal antitrust and...more

Cozen O'Connor

AGs Commit to Collaboration on AI, Antitrust Enforcement, and Protecting Youth Online at AG Alliance Annual Meeting

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State attorneys general from across the country met in Colorado for the Attorney General Alliance (AGA) Annual Meeting last week, along with AG staff and the legal and business communities. In opening the conference, Nevada...more

WilmerHale

The Interplay: Key Decisions at the Intersection of Antitrust & Life Sciences - May 2024

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Second Circuit Affirms “Pay for Delay” Dismissal:  On May 13, 2024, the Second Circuit affirmed dismissal of antitrust claims brought by wholesalers, retailers, and employee benefit funds that alleged they overpaid for the...more

Benesch

Pricing Litigation: Ten Years In

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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

Barnea Jaffa Lande & Co.

Drastic Measures to Reduce Concentration and Increase Competition in the Israeli Food and Toiletries Market

The Israeli Ministry of Finance and the Competition Authority published a public appeal to submit positions with regard to their plan to reduce concentration and increase competition in the food and toiletries market, which...more

ArentFox Schiff

Pricing Strategies and Antitrust Considerations

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In today's episode of Fashion Counsel, AFS Chairman Anthony Lupo is joined by Brian Schneider to discuss how brands can find the balance between risk and control over downstream pricing by wholesalers and retailers, while...more

K&L Gates LLP

"Extra, Extra, Read All About It"—Final European and UK Brand Distribution Rules Published

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On 10 May 2022, the European Commission (the Commission) finally published the official final version of the European Vertical Block Exemption Regulation (VBER) and guidelines (Vertical Guidelines). The new rules will come...more

Jones Day

ACCC Brings Resale Price Maintenance Enforcement Action

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A new ACCC resale price maintenance case provides a timely reminder that manufacturers and suppliers must tread carefully with distribution arrangements related to price in Australia. The Australian Competition and...more

Latham & Watkins LLP

Dawn Raid Update: Review of the EU General Court’s dawn raid appeal judgments in the distribution sector

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The Development - ..On 5 October 2020, the General Court of the European Union (GC) partially annulled decisions of the European Commission (EC) to order on-the-spot inspections (dawn raids) of a number of French...more

Proskauer Rose LLP

Price Gouging Weekly Round Up - August 2020 #3

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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

Robins Kaplan LLP

Financial Daily Dose 8.12.2020 | Top Story: 9th Circuit Reversed Antitrust Ruling Against Qualcomm

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Big win for Qualcomm this week, with a 9th Circuit panel reversing an antitrust verdict against the company that “had threatened the chip maker’s business model.” The appellate court, in flipping the district court’s ruling,...more

Proskauer - Minding Your Business

Q&A Follow-Up from “The Price is Right…or Is It? What Supply Chain Businesses Should Know” Webinar

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

BCLP

A Guide to Navigating COVID-19 Price-Gouging Litigation Against Manufacturers, Suppliers, and Retailers of Food and Consumer Goods...

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The COVID-19 pandemic has led to sharp spikes in demand for basic necessities, alcohol-based disinfecting products, and essential food staples. Consumers have been willing to pay a premium to stock up on these items from both...more

BCLP

NAAG Polices COVID-19 Price Gouging, Demands Fair Pricing Policies and Actions

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The National Association of Attorneys General (NAAG) is actively monitoring consumer product prices and working to eliminate price gouging during the COVID-19 pandemic. At least 33 attorneys general signed on to letters...more

ArentFox Schiff

5-Hour Energy Drink Maker Allowed to Charge Higher Prices to Costco’s Competitors

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Last week, a California federal jury concluded that the maker of 5-Hour Energy Drink did not violate federal antitrust law by selling the energy shots to Costco for less than the price charged to its family-owned rivals....more

BCLP

Price Discrimination Update: Living Essentials Jury Verdict

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On October 21, 2019, a jury empaneled by the United States District Court for the Central District of California found that the makers of 5-Hour Energy “shots” did not violate the Robinson-Patman Act (“RPA”) by providing more...more

Robins Kaplan LLP

Apple Inc. v. Pepper: A Case to Watch for Commissions-Based Retailers Selling Directly to Consumers

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In May, the U.S. Supreme Court issued a decision in Apple Inc. v. Pepper, 139 S. Ct. 1514 (2019), holding that consumers of Apple’s App Store could bring suit against the tech giant for antitrust claims. ...more

Robins Kaplan LLP

Financial Daily Dose 5.22.2019 | Top Story: Judge Deems Qualcomm Pricing Behavior Anti-competitive

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N.D. California federal judge Lucy Koh sided with the FTC in its antitrust suit against semiconductor-industry giant Qualcomm, finding that the company “abused its position . . . to harm competition and charge cellphone...more

Sheppard Mullin Richter & Hampton LLP

What Say You, New York? Now that Federal Antitrust Regulators Have Approved CVS’s Proposed Acquisition of Aetna, Attention Turns...

During a public hearing in New York City on Thursday, October 18, 2018, New York State regulators, including Superintendent Maria Vullo of the New York State Department of Financial Services (“DFS”), threatened to block CVS...more

Akerman LLP - Health Law Rx

DOJ Approves CVS/Aetna Merger, Contingent on the Sale of Aetna’s Medicare Part D Business

The United States Department of Justice Antitrust Division announced on October 10, 2018, that it was conditionally approving the CVS/Aetna merger, a $69 billion transaction that combines the nation’s largest retail pharmacy...more

A&O Shearman

Vertical Agreements in the Online Sales of Goods

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The growth of e-commerce and the resulting increase in price transparency and price competition have a significant impact on companies’ distribution strategies and consumer behavior. While the emergence of e-commerce has the...more

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