While government enforcement of the Robinson-Patman Act (the Act) was all but forgotten for nearly two decades, the Federal Trade Commission (the FTC) announced a second investigation over potential price discrimination in...more
While, historically, government enforcement of the Robinson-Patman Act has been virtually non-existent, the Federal Trade Commission (FTC) recently announced its intention to dust-off the oft-forgotten Act to encourage...more
European antitrust regulators have shown a continued focus on scrutinizing manufacturers’ engagement with their distributors. The anticompetitive practices that have attracted the highest financial penalties primarily relate...more
In a decision made public on 4 May, the Ontario Superior Court of Justice (the Court) determined that an asserted conspiracy claim concerning a price maintenance dispute should proceed to trial, despite Canada’s Competition...more
The legal landscape surrounding price gouging has changed dramatically over the past several weeks and continues to do so. When COVID-19 first reached the United States, several states had yet to enact price gouging...more
As consumer goods producers emerge from “fighting the first fires” of the COVID-19 shockwave, they will need to take stock of the long-term risks facing their brand equity and go-to-market strategies over the coming months...more
In an ever-growing online retail environment, brand owners are increasingly becoming concerned with tracking their brand’s online presence and ensuring consumers' experience of their brand continues to be positive....more
On 8 November 2018, the European Commission published a “Roadmap” inviting manufacturers and other interested market participants to provide feedback on the Vertical Agreements Block Exemption Regulation (the “Block...more
This upcoming November, the Ministry of Commerce of the People’s Republic of China and the Shanghai Municipal People’s Government will co-host China’s first-ever International Import Expo (the “Expo”)....more
Last month, the Singapore Parliament passed a bill expanding the Competition Commission of Singapore’s regulatory powers. In addition to administering and enforcing Singapore’s Competition Act, the regulatory body will now...more
The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies....more
This alert considers two interesting recent developments relevant to manufacturers distributing their products through a selective distribution system in European territories....more
Product manufacturers are always looking to increase revenue by tapping into new markets. In recent years, they’ve begun to focus their efforts on driving sales in Asia. ...more
In 2007, the Supreme Court overturned almost a century of precedent by ruling that vertical price restraints were no longer per se violations of the Sherman Antitrust Act (the “Sherman Act”), finding they would now be...more
The Robinson-Patman Act (the “RPA” or the “Act”) is designed to ensure fair competition among purchasers. The Act separately addresses different forms of unlawful discrimination between competing purchasers — section 2(a)...more