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Retailers Competition

K&L Gates LLP

Uneven Pour: FTC's Robinson-Patman Enforcement Sees Mixed Results as Pepsi Case Goes Flat and Southern Glazer's Orders Another...

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Since the publication of “Rum and Coke: The FTC Targets Soft Drinks and Alcohol in the Revival of Robinson-Patman Act Enforcement–What’s Next?”, new developments have continued to shape the enforcement landscape of the...more

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

Vinson & Elkins LLP

Court Serves Up Early Victory to FTC in First Robinson-Patman Act Enforcement Action in Decades

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On April 17, 2025, a federal district court denied a motion to dismiss the first government enforcement action brought in decades under the Robinson-Patman Act (“RPA”), a statute that prohibits price discrimination and other...more

Fox Rothschild LLP

After Competitor’s Challenge, Nad Recommends Dreo’s Discontinuance Of Claims Of Being The No. 1 Fan And Heater Brand

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Lasko Products, LLC (“Lasko”) and the Hesung Innovation Corp./DREO Limited (“DREO”) are competitors, both specializing in the fan and heater market. Recently, Lasko filed a Fast-Track SWIFT challenge with the National...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

Morgan Lewis

FTC Revives Price Discrimination Law in Suit Against Nation’s Largest Alcohol Distributor

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On the eve of a new administration, the Federal Trade Commission (FTC) filed its first price-discrimination action under the Robinson-Patman Act (RPA) since 2000. The FTC sued Southern Glazer’s Wine and Spirits LLC in US...more

K&L Gates LLP

UK's Specialist Competition Tribunal Issues Rare Guidance for Brands—Back to the Basics on Selective Distribution, Rpm and Online...

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Judgments providing actual guidance for consumer goods brands are like a good action film—rare, but totally worth the wait. The UK Competition Appeal Tribunal’s (the CAT) recent decision in Up and Running v Deckers1 is...more

Alston & Bird

FTC and DOJ Host First Public Meeting of the Strike Force on Unfair and Illegal Pricing

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At its first public meeting, the federal interagency Strike Force on Unfair and Illegal Pricing signaled a priority of lowering U.S. retail prices. Our Antitrust Team highlights what businesses should know going forward....more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors in the New Year

The start of the new year is a pivotal time in the retail sector for re-evaluating marketing and brand protection. Unfortunately, competitors often devise innovative ways to capitalize on the marketing and sales efforts of...more

Alston & Bird

Below-Cost Pricing Can Cost You

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Raising your prices too high during an emergency can get you in trouble – but so can dropping them too low once the emergency is over. Our Antitrust Team highlights a pair of court cases featuring state laws prohibiting...more

Kohrman Jackson & Krantz LLP

How To Protect Your Brand From Competitors This Holiday Season

The holiday season is a pivotal time in the retail sector in both in-store and online forms, presenting retailers with key opportunities to boost revenue. As consumers shop year-end sales, competitors continuously find...more

BakerHostetler

Federal and State Antitrust Enforcers Double Down on Stance Against No-Poach Agreements, Urging 2nd Circuit in Amicus Briefs to...

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In their latest condemnation of labor market restrictions, state and federal enforcers, in two recent friend-of-the-court filings, urged the 2nd Circuit to reverse the dismissal of a no-poach case. On August 4, twenty-one...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

Husch Blackwell LLP

TTB Considers Updates to Trade Practice Regulations

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On November 9, 2022, the U.S. Alcohol and Tobacco Tax and Trade Bureau (“TTB” or “Agency”) announced that the Agency is considering updating the alcohol trade practice regulations for the first time in 20 years. The current...more

Hogan Lovells

Big Tech and retail financial services: FCA starts discussion on competition benefits and risks

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The FCA has published a discussion paper on the potential competition impacts of Big Tech entry and expansion in retail financial services. The particular focus is on payments, deposit taking, consumer credit and insurance....more

K&L Gates LLP

It's All About Context: CMA Imposes £1.5 Million on Lighting Brand for Creating an Unwelcoming Environment for Product Discounts

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In March 2022, the UK Competition and Markets Authority (CMA) fined the lighting products supplier, Dar Lighting Limited (Dar), £1.5 million for engaging in resale price maintenance (RPM), in breach of the UK prohibition...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

Sheppard Mullin Richter & Hampton LLP

Nota Bene Episode 135: Europe Q3 Check In: Brexit, Data Protection, and Block Exemption Regulations with Oliver Heinisch

We’re checking in with our Europe-based expert on the latest European updates and upcoming changes for the third quarter of 2021 including updates on Brexit, European Union (EU) data protection policies, block exemption...more

K&L Gates LLP

Does the French Lego Case Threaten the Building Blocks of Your Pricing Policy for Online Sellers?

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On 27 January 2021, the French competition authority (Autorité de la concurrence or ADC) adopted a decision accepting commitments from the building block producer Lego France (Lego) to amend its discount policy. The ADC...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

Robins Kaplan LLP

Financial Daily Dose 10.12.2020 | Top Story: Court Rules Apple Doesn’t Have to Offer Fortnite in App Store

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Big Friday win for Apple in its ongoing battle with Epic Games, as N.D. Cal. Federal Judge Yvonne Gonzalez Rogers ruled that Cook & Co. didn’t “need to reinstate the popular video game Fortnite in its App Store,” a blow to...more

Robins Kaplan LLP

Financial Daily Dose 9.23.2020 | Top Story: Fed Chair Calls for More Covid-Related Stimulus From Congress

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The latest from Fed Chair Powell and Treasury Secretary Mnuchin’s first of several days on the Hill, including their take that the economy is improving but that continued fiscal support—from the Fed and from Congress—was...more

McGuireWoods LLP

European Competition Law Newsletter – September 2020

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EU, UK Competition, State Aid and Public Procurement Law During COVID-19 - While not the most important concern, it should be appreciated that antitrust/competition law, plus the state aid and public procurement rules,...more

K&L Gates LLP

Enforcement of Customer-Competitor Infringements and Price Monitoring Tools Intensifies

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Two recent developments in the European competition enforcement sphere provide a warning for brands when engaging with their retailers with whom they compete and when using price monitoring tools to monitor the third party...more

Morgan Lewis

Sainsbury’s Wins Landmark Interchange Fee Litigation Victory in UK Supreme Court

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On June 17, 2020, the UK Supreme Court handed down its judgment in the appeals on the lawfulness of multilateral interchange fees, or swipe fees, (MIFs) in Sainsbury’s Supermarkets Ltd (Respondent) v. Visa Europe Services LLC...more

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